As November came to a close, the Portfolio Committee on Police said it was concerned by the gaps identified in the Criminal Law (Forensic Procedures) Amendment Act and will instruct the Civilian Secretariat of Police to fast-track processes towards the amendment of the Act.
The Criminal Procedures Amendment Act provides, amongst other things, for the taking of specified bodily samples (buccal swab samples) from schedule eight offenders for forensic deoxyribonucleic acid (DNA) analysis. The DNA profiles are then stored in the National Forensic DNA Database (NFDD).
The purpose of the Act is to strengthen criminal investigation and ensure prosecution of repeat offenders.
The DNA Board informed the committee that the two-year transitional period provided for by Section 7(7), which enabled the retrospective sampling of all persons convicted of schedule 8 offences has come to an end.
Thus, offenders are now unwilling to have a buccal sample taken, potentially rendering the South African Police Service unable to cross-reference DNA with the database, which could undermine the resolution of cases.
The chairperson of the committee Francois Beukman said, “The committee has called for the fast-tracking of the executive processes in amending the Act to remedy challenges within the system. DNA analysis plays a central role in the successful prosecution of offenders and, as such, it must be strengthened.”
The amendment of the Act will ensure that buccal samples are taken from all convicted offenders, that administration and management of the NFDD is improved, and will also enable the proper management of sexual offences data.
Meanwhile, the committee has urged the office of the Directorate of Priority Crime Investigation (DPCI) Judge to, in future, provide the committee with a detailed account of the expenditures within the office as part of its annual report presentation. The information provided by the office was devoid of detail, which affected the ability of the committee to analyse spending.
The committee is concerned by the lack of adequate staffing within this oversight body, which undermines the delivery of its mandate. The committee has instructed the office of the DPCI Judge to undertake a scientific study to ascertain its staffing requirements to effectively deliver its mandate.
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