‘Incompetencies hurt the victim further’
WOMEN’s rights organisations have blamed bureaucractic incompetencies and lack of trained personnel over the impact of the backlog of DNA testing on victims. This, they said, was even though South Africa had some of the most sophisticated, scientific and forensic equipment to do the job.
Bronwyn Pithey, an advocate at the Women’s Legal Centre, an African feminist legal centre that advances women’s rights and equality through litigation and advocacy, said: “DNA evidence is not always essential in cases, but for instance, where a suspect denies any sexual activity with a complainant then that evidence can link them to the offence.
“It is also pivotal in matters involving children, who we find are being let down due to these delays.
“Further to this, the delays can result in frustration. For example, to the courts and the complainant, who will feel the matter is dragging and that they might as well get on with their lives and over the legal progress.”
Pithey, who heads the rightto-be free-from violence programme at the centre, said more commitment was needed from government to deal with the DNA backlog.
“More can be done and should be done, in particular, putting into practise the commitment that government constantly says that it has towards sexual offences and gender-based violence (GBV).
“This country boasts that it has some of the most sophisticated, scientific and forensic equipment and qualified people to do the work, so there is no excuse for the work not to be done. However, if it boils down to not having the right chemicals to do the analyses, then it really is an indictment on the system.”
Charlene Singh, the chairperson of WomanPACT, a non-profit organisation focused on the emancipation of women, said: “DNA evidence is central to the investigative process, especially when these reports play a direct role in the outcome of a case, the ability to prove wrongdoing and to ensure justice prevails.”
She said police reported there were about 11 000 rapes during the period between January to March 2022.
“They also reported that every hour a minimum of 5 women are raped. However, only 1 in 9 cases is reported. This poses the question, why 1 in 9? Because of this delay.”
She said the ability to prosecute and hold offenders accountable did not work due to shortcomings of the SAPS and the justice system.
“These are bureaucratic incompetencies that only end up hurting the victim and ultimately create a haven for gender-based violence. The impact is that victimisation continues. Every area of a victim's life is not left untouched as well as their family units experience severe strain,” she said.
Jennifer Chetty, the director of Sinika Uthando, a non-governmental organisation that operates a place of refuge for victims of crime, said: “When the rights of any survivor are further violated, hope is lost and despondency sets in for all women.
“A victim must not be made to understand why the country’s labs cannot expand on their capacity to meet the demands of the results of DNA testing. That type of expectation is inhumane to survival.
“Further to this, the police are generally the first responders in most cases of abuse and rape. They are responsible for gathering evidence and ensuring that survivors get the necessary treatment and victims get the legally correct information as well as guidance both emotionally and physically.
“However, police stations are still not equipped and there is a lack of trained and dedicated personnel to assist in these specialised matters.
“They also need innovative planning of special hearings and mobile courts dealing exclusively with gender-based violence.”