South Africa’s criminal justice system is once again under scrutiny, after National Director of Public Prosecutions Advocate Andy Mothibi called for serious reform.

The concerns raised about the effectiveness of our justice system should prompt South African employers to ask an equally important question: If so many crimes never result in a successful prosecution, how much protection does a criminal record check done prior to employment actually provide?

For decades, criminal record checks have been a fundamental part of pre-employment screening. Employers understandably want to know whether the person they are appointing has a history of criminal conduct, particularly when that individual will have access to company finances, confidential information, vulnerable people or valuable assets.

However, the reality is that a criminal record check can only reveal certain information recorded within the criminal justice system. It cannot provide a complete assessment of an individual’s integrity, honesty or suitability for employment.

According to the National Prosecuting Authority’s 2025/2026 annual performance results, South Africa achieved conviction rates of 93% in High Courts, 84% in Regional Courts and 96% in District Courts.

At first glance, these figures appear encouraging.

However, there is an important distinction between the percentage of prosecuted cases that result in convictions and the percentage of all crimes committed that ultimately lead to a conviction.

Many crimes are never reported. Others are investigated but never prosecuted. Some cases are withdrawn, while others fail to reach trial because of insufficient evidence, investigative challenges or procedural delays.

Research highlighted by the Dullah Omar Institute indicates that the number of criminal cases prosecuted to verdict declined from approximately 300 000 in 2004/2005 to 170 000 in 2024/2025.

This raises an uncomfortable reality for employers: An individual may have engaged in criminal activity without ever acquiring a criminal conviction.

That does not mean that someone without a conviction should be regarded as guilty or dishonest. It simply demonstrates the limitations of relying on criminal record checks as the sole measure of employment risk.

A criminal record check remains an important and valuable screening tool.

It can help identify recorded criminal convictions that may be relevant to a particular position, subject to the scope and limitations of the verification process.

For example, a previous conviction involving fraud or theft may be relevant when considering someone for a position involving financial responsibility. Certain convictions may also have legal implications for employment in regulated environments.

However, a criminal record check does not establish that an individual has never committed an offence.

Nor does a clear result necessarily mean that the person has never been investigated, arrested, accused of misconduct or dismissed by a previous employer.

Employers must also understand that an arrest, allegation or pending criminal case is not equivalent to a conviction. Any information considered during recruitment must be assessed lawfully, fairly and in context.

The distinction is critical.

Consider an employee who has repeatedly been dismissed for dishonesty but has never faced criminal prosecution.

Or a candidate who has falsified qualifications, misrepresented previous employment or provided misleading references.

Neither individual will necessarily have a criminal record.

Yet both may present significant risks to a prospective employer.

This is why responsible employee screening must extend beyond criminal history.

A comprehensive screening programme should include appropriate verification of identity, qualifications, employment history, professional credentials and references. Additional checks may be justified depending on the responsibilities and risk profile of the position.

Employers should also consider ongoing screening for employees occupying sensitive or high-risk positions, where legally appropriate.

The objective is not to investigate every aspect of a candidate’s personal life. It is to obtain reliable, relevant information that supports a fair and informed employment decision.

South African employers must balance their responsibility to protect their organisations with the rights of employees and job applicants.

The Protection of Personal Information Act (POPIA) places important restrictions on the processing of personal information, including information relating to criminal behaviour.

Employers must ensure that screening is conducted on an appropriate lawful basis, that candidates receive the necessary information about the checks being performed, and that the information collected is relevant to the employment decision.

A previous conviction should not automatically disqualify someone from employment.

The nature of the offence, its relevance to the position, the time elapsed and the circumstances of the individual case may all be important considerations.

Fair screening is not about excluding people unnecessarily. It is about understanding risk and making defensible decisions.

Another limitation of traditional employee screening is that it often takes place only when a person joins an organisation.

An employee may remain with the same employer for ten or twenty years without any subsequent verification.

During that time, circumstances can change.

Professional registrations may lapse, qualifications or credentials may be misrepresented, and new risks may emerge.

The principle is straightforward: trust should be supported by appropriate verification throughout the employment relationship, not only on the first day of employment.

A clean criminal record is a starting point, not a guarantee. The challenges facing South Africa’s criminal justice system reinforce the need for a broader approach to employee screening.

Criminal record checks remain essential. They provide valuable information that can help employers identify certain risks.

However, their effectiveness is limited by the information available within the criminal justice system.

An employer who relies exclusively on a clear criminal record may overlook other significant warning signs.

At iFacts, we believe effective employee screening is about building a more complete and reliable picture of an individual’s suitability for a particular role.

This requires combining relevant verification services, applying sound judgement and ensuring that all screening activities are conducted fairly and lawfully.

The question employers should be asking is no longer simply, “Does this candidate have a criminal record?”

It should be, “Have we done enough to understand the risks associated with this appointment?”

Because in a country where many crimes never reach conviction, a clear criminal record cannot be the only reassurance an employer relies on.

iFacts  – Helping South African businesses make informed employment decisions through professional employee screening and verification.