Parliament calls for amendments to Forensic Procedures Act

The purpose of the act is to strengthen criminal investigation and ensure prosecution of repeat offenders.

THE Portfolio Committee on Police has called for the fast-tracking of the executive processes in amending the Criminal Law (Forensic Procedures) Amendment Act. The committee on Tuesday expressed its concerns about the “gaps” in the act, and has instructed the Civilian Secretariat of Police to fast-track processes towards the amendment of the act.

The purpose of the act is to strengthen criminal investigation and ensure prosecution of repeat offenders.

“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,” chairperson of the committee Francois Beukman said.

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Beukman was responding to the DNA Board, which 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.

Offenders are now unwilling to have a buccal (relating to the cheek) sample taken, potentially rendering the South African Police Service unable to cross-reference DNA with the NFDD, which could undermine the resolution of cases.

Beukman said the amendment of the act will ensure that buccal samples are taken from all convicted offenders. This will improve the administration and management of the NFDD, and enable proper management of sexual offences data.

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