DNA Bill delay sets rapists and murderers loose

With forensic laboratory services choking on DNA tests from murder and rape cases, experts are sceptical about the state’s ability to effectively implement the proposed Bill forcing collection of DNA samples of rapists and murders.  

Rapists and murderers on the loose

Last year Justice and Correctional Services Minister Ronald Lamola revealed that since 2016, 96,875 prisoners, jailed for schedule 8 offences (rape, murder, human trafficking, robbery and culpable homicide) have been released without a DNA sample being taken or recorded on the National forensic DNA Database.

Sceptical

Though pleased that the Portfolio Committee on Police has this week agreed that the DNA Act has to be amended to effect the amendment, he was worried about the state’s ability to effectively implement the bill.

Cameron said DNA profiling of offenders was a crucial tool in solving violent crimes but that it was dependant on training, support, skills and resources, which he said was currently a challenge.

“It is all good and well, if the ACT gets get signed in. Obviously, we welcome that but it is going to do absolutely nothing if members on the ground are empowered to do it. They would need to have adequate training in order to get DNA samples from suspects and physical resources in terms of kits that they need to get DNA samples,” he added.

University of Free State anthropologist Professor Theodore Petrus lamented that given the government’s bad implementation track record, it remained to be seen if the Bill, once passed, will yield any results.

He said it was vital that this Bill processed and put into effect as soon as possible but asked if the government was serious enough about dealing with the crime situation in the country and make this a matter of priority.

“Or are we, as we have seen so many times before, see political interests and agendas take precedence over the matters of safety and security and crime prevention and crime prosecution in South Africa… we do have a government that does have a very, very poor track record, as far as having the necessary will to implement this kind of legislation,” Petrus said.

He added that also to be considered was level of expertise that will be required to effectively implement the spirit of the Bill.

According to civil rights lobby group Dear South Africa would have a huge impact on the prosecution of serious crime and explained that the problem started when the transitional provision of the Criminal Law (Forensic Procedures) Amendment Act No 37 of 2013, expired in 2017.

The organisation said this provision placed the responsibility of collecting the DNA samples of schedule 8 offenders in the hands of the police.

When the transitional provision ran its course, the organisation lamented that collecting DNA samples was no longer a compulsory requirement and resulted in almost one hundred thousand violent criminals being let off the hook.

–siphom@citizen.co.za