On Tuesday, 28 July, the Teddy Bear Foundation (TBF), represented by SECTION27, appeared in the Gauteng High Court in Pretoria to challenge the efficacy of the National Child Protection Register (NCPR). The TBF approached the court to ensure that people found guilty of sexual misconduct, or otherwise found unsuitable to work with children, are reported without delay, entered onto the NCPR, and prevented from working in child-contact roles.
The application was brought against the Departments of Social Development (DSD), Justice and Constitutional Development, Basic Education (DBE), provincial education departments (PEDs), and the South African Police Service. The case follows an incident where a primary school learner was raped on school premises by a caretaker in 2015. TBF and SECTION27 later discovered that, even after the perpetrator had been found guilty and dismissed, he had not been entered onto the NCPR. Behind those administrative failures are millions of children whose right to safety, dignity and education are violated, and a system that should protect them is severely underutilised.
This case exposed persistent systemic failures by key government departments in ensuring the proper functioning of Part B of the NCPR, which includes people deemed unsuitable to work with children. In 2025, the Minister of Basic Education conceded to the Portfolio Committee that only 19% of educators had been vetted against the National Register for Sex Offenders nationally, without confirming any further vetting against the NCPR, painting a grim picture for children in the South African school system.
The DSD, as custodian of the NCPR, opposed the application and argued that there are no backlogs of the maintenance of the NCPR, which in effect means that the DSD have complied with its legislative obligations. The DSD also argued that the structural order that the TBF sought, which included the DSD putting in place mechanisms to ensure full implementation and maintenance of the NCPR, breaches the separation of powers doctrine.
SECTION27 and TBF welcome a court settlement agreement with the DBE and PEDs that seeks to ensure that the DBE and PEDs vet their employees against the NCPR and report perpetrators, who have been found guilty of misconduct rendering them unsuitable to work with children, to DSD to include on the NCPR.
The settlement agreement includes important commitments to close the gaps that have left children vulnerable. These include:
- undertakings by the DBE and PEDs to complete the vetting of all current employees by 31 March 2027, with quarterly reports to DSD and TBF;
- ensuring that no person listed in Part B of the NCPR is employed or retained in a child-contact role;
- integrating NCPR checks into recruitment and appointment processes; and
- working collaboratively with the DSD to ensure timely, secure verification mechanisms and accurate outcomes.
The settlement agreement is, at its heart, about entrenching children’s constitutional rights to safety, dignity and basic education and the promotion of the best interests of the child. Schools must be places where children can learn, play and grow without fear of sexual predators, corporal punishment, bullying or intimidation.
The settlement agreement was made an order of court and judgment was reserved in the matter against the DSD.
For media enquiries contact:
Gillian Pillay | pillay@section27.org.za | 082 772 0052
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