Court asked to force departments to fix National Child Protection Register failures

What the application asks the court to do

The organisations are seeking orders to compel the Departments of Social Development, Justice and Constitutional Development, Basic Education, provincial education departments and the South African Police Service to report predators promptly, place their names on the NCPR and keep them out of roles involving contact with children. The application also names the South African Council of Educators and the Educators Labour Relations Council as respondents because of their roles in educator registration and disciplinary processes.

Why the case was brought

The challenge follows a North West matter in which a school caretaker who raped a learner was not immediately placed on the NCPR even after being found guilty and dismissed. SECTION27 says that failure revealed wider problems: weak reporting, poor coordination, sloppy vetting and uncertainty that names are being captured and checked when schools hire staff.

SECTION27’s position

SECTION27 told the court that the Department of Social Development must maintain the register, that the Department of Basic Education and provincial departments must vet staff against it, and that the Justice Department must ensure court registrars report names of people found unsuitable to work with children.

“Our application focuses on the failures of government departments to protect children from unsuitable individuals,” the organisation said.

SECTION27 said it seeks relief to address statutory failures that it says are undermining children’s rights to basic education, dignity and safety.

Evidence of underuse

SECTION27 said the NCPR is being neglected. In March 2025 it found that only 49 000 educators had been vetted against the register.

Responses from government

The only respondent opposing the application is the Department of Social Development, which says it has cleared backlogs and maintains the register by receiving reports from other departments. The Basic Education Department and provincial education departments have proposed a settlement, which is expected to be finalised at the hearing.

Relief sought and oversight

SECTION27 is asking the court to issue a structural order and to keep oversight of compliance, arguing that without active judicial supervision the reported failures will continue.

The application was heard in the Gauteng High Court in Pretoria on 30 July 2026.