DNA backlog ‘a travesty of justice’
THE DNA forensic backlog has increased to around 36 000 cases. This was despite SAPS promising last month that measures were taken to deal with the backlog.
In a DA-led parliamentary debate on the DNA backlog crisis at the National Assembly sitting last week, it was disclosed that the 172 787 backlogged cases which dated back to April 2019 had increased to 208291.
MPs said this was the largest backlog recorded in South Africa and that the matter was now out of control. Bheki Cele, the minister of police, apologised for this.
“On behalf of SAPS, I want to apologise sincerely for all victims of crime, for the pain and anguish these delays have caused. We owe it to all of you to be transparent,” he said in Parliament.
Out of the four laboratories in the country, Gauteng was recorded as having the highest DNA backlog followed by the Western Cape, Eastern Cape then KwaZulu-Natal.
Labs in the Eastern Cape and KZN provided limited services, said Cele. He said 60 000 of the cases were received by laboratories but they have not yet been analysed. Of the 60 000 cases, 36 626 were DNA-related.
A further 82000 cases were related to gender-based violence and femicide cases, which, according to Cele, were made a priority in accordance with a mandate from the National Prosecuting Authority.
“A total of 77485 of such cases are court ready but have outstanding results from our forensic science laboratories which are being processed.”
He said more than 2 500 of the cases were finalised so far.
Cele added that 42% of outstanding dockets relating to cases involving women and children were finalised. He said R250 million was allocated to deal with the backlog and the private sector would assist. The minister said he hoped the backlog would be resolved in the next 18 months.
Injustice
DA MP Andrew Whitfield, who led the debate in the National Assembly, noted that the DNA Bill was passed in 2013.
He said the DNA Act paved the way for the expansion of the national forensic DNA database and improved regulation in the field of forensics. Whitfield said it also compelled Schedule 8 offenders (those found guilty of murder and rape, among other crimes) to submit their DNA profiles through the database. This, he said, would detect past or future crimes.
Whitfield said the act required the national commissioners of the police and correctional services to ensure that a buccal sample (to collect DNA) was taken within two years of serving a sentence of imprisonment for a Schedule 8 offence.
He spoke of an offender who was arrested in 2016 for assault. He said his arrest and conviction prompted his DNA profile to be submitted into the DNA database in accordance with the act. His DNA linked him to 30 counts of rape, 27 counts of kidnapping, and 12 counts of robbery with aggravating circumstances.
The offender, who was set to serve a five-year suspended sentence, was sentenced to 15 life terms and an additional 120 years in prison.
Whitfield said the act expired in 2017 and the state could no longer compel violent Schedule 8 offenders to submit their DNA profile. “An amendment bill was drafted to correct this issue but has been ignored by the Cabinet since 2017.”
Whitfield accused Cele of failing in his duty to oversee the forensic backlog and said the president should step in.
“This debate is about Chantel Makwena, 5, from Rocklands in Nelson Mandela Bay, who, in 2019, was brutally raped and killed by a man out on bail for rape.”
With no arrests been made six weeks after her death, her mom and members of the community allegedly apprehended a suspect, cut off his genitals and put them in his mouth. The mother was arrested and separated from her baby.
“After more than two years, Makwena’s DNA samples have still not been analysed due to the lack of consumables.”
Whitfield referred to statistics that showed that in January and February this year no samples were processed. He suggested that a live DNA dashboard be created to ensure transparency.
Trauma
MP Nazley Sharif, the DA’s spokesperson on Women, Youth and Persons with Disabilities, said the police had failed women and the LGBTQIA+ community.
She said during a recent oversight visit across the country, forensic nurses
used creative ways to store DNA evidence. This entailed asking survivors to store their sanitary pads in brown bags. They are then requested to return them for processing to save as much DNA evidence as possible.
Sharif said the shortage of DNA rape kits at Thuthuzela Care Centres (TCCs) added to the trauma of victims.
“Waiting for a DNA rape kit means TCCs and hospitals will have to ask the survivor that has just been raped to wait for a police officer to find a rape kit. This means that the survivor cannot wash or take a shower sometimes for days because of the fear of losing DNA evidence. This directly contributes to second-degree trauma.”
Naledi Chirwa, an EFF MP, said the party raised its concerns regarding the shortage of rape kits at police stations earlier this year.
“Rapists and sexual perpetrators of this country will continue to terrorise marginalised people because they find confidence in that no matter how many people they rape or kill, their genital and bodily fluids and the evidence they leave on their victims’ bodies, which are living crimes scenes, will rot in the hands of the state.”
Narend Singh, an IFP MP, said: “We demand more transparency and accountability regarding this critical link with the justice system and our citizens.”
Petrus Johannes Groenewald, a Freedom Front Plus MP, said the issue with SAPS service providers had not been resolved. He said that by next week, SAPS would be back at the start of the problem.
Kenneth Meshoe, ACDP MP, said murder victims could not speak for themselves and DNA results were their voice.
“The backlog is a travesty of justice.” Nqabayomzi Kwankwa, UDM MP, said the backlog meant that many victims would never get the justice they deserved.
Princess Faku, ANC MP, said police were tackling the matter. She told Whitfield that Cele had not failed in his duties.
“Irrespective of the current challenges, the efforts of SAPS must be commended.”
Addressing the crisis
Tina Joemat-Pettersson, chairperson of the police portfolio committee, said they had held three hearings on the backlog and they planned to visit the laboratories.
She said budgets were tight in all government departments but the president had committed to allocating R250m to deal with the backlog. Joemat-Pettersson condemned Whitfield for pointing fingers at the president.
“We are not saying there is no crisis. We are saying we are addressing it.”
Cele, who spoke last, accused Whitfield of having a short-term memory.
“He forgets about the people from the laboratory, those in supply chain management, who are going to court because they are arrested for corruption.”
He said the backlog gave everyone sleepless nights.
“It has been a nightmare for everyone to find justice and closure. But as the police, we did not just toss and turn in our beds. We sprung into action, rolled up our sleeves and put our heads together. We knew it was a race against time.”
He said poor contract management contributed to the lack of DNA consumables available.
Cele spoke of the new track-andtrace module that was now in use.
“Before April 6, we could only track and trace forensic data manually. We were only processing 1000 specimens a week. But within a month of the (launch of the) new module, 63576 cases were registered for automatic track and trace. This means we are doing 11 000 a week.”
Cele said 16 contracts were awarded for a duration of two to three years. “The procurement of consumables of R4.2m was granted by the National Treasury.”
He said 128 scientists were hired to work at the laboratories.