Processing backlog may nullify new law
NEW legislation for the enforcement of DNA collection and usage will come into effect at the end of this month. It is expected to improve the quality of investigations and help identify serial offenders.
President Cyril Ramaphosa announced that aspects of the Criminal Law – Forensic Procedures Amend- ment Act would give the country’s law enforcement authorities additional tools around use of DNA evidence.
A suspect arrested and charged with a schedule 8 offence – violent crimes like sexual assault and murder – would be required to provide a DNA sample that would be uploaded to the National Forensics DNA database.
According to Police Minister Bheki Cele, the backlog in analysing DNA samples stands at over 200000 cases. Additionally, the country has a single DNA processing set-up in Pretoria.
The most recent crime stats showed that Temba police station in Tshwane overtook the Inanda police station in KZN as the country’s rape capital.
UKZN Professor Managay Reddi, Dean and Head of the School of Law, said prison authorities would be required to ensure every prisoner convicted of a schedule 8 offence has a saliva sample taken for DNA.
“This may be done at any stage of incarceration, but at least three months before the prisoner is released. Reasonable force may be used to get the DNA sample if the prisoner refuses to co-operate,” she said.
Reddi added that due to the severity of the crimes, which inflicted “serious and irrevocable” harm to society, it was vital for swift detection and convictions.
“If convicted, offenders would be removed from society. The intention of the Act is for the DNA obtained to be used in cracking unsolved crimes, especially of repeat offenders, but the effectiveness would lie in its implementation.”
Martin Pelders is the founder of Matrixmen, a non-profit organisation for male sexual abuse victims.
“The law was long overdue, but my concerns are failures of the state in acquiring adequate training and equipment, as without these, the law is irrelevant. Currently, rape cases are taking more than six years to finalise, which prolongs and intensifies the victims’ suffering.”
Vanessa Lynch, regional director of DNA for Africa, welcomed the law’s implementation and viewed it as a positive step towards making the country’s DNA database a more functional and efficient crime-fighting tool.
“This provision, previously discretionary, now makes it mandatory for DNA samples to be taken. As soon as the profile has been loaded onto the database, it is automatically searched against all other indices, and can link that arrestee not only to the crime for which they have been arrested, but to other crimes where previously there was no suspect,” she said.
Chrispin Phiri, a spokesperson for the Department of Justice and Correctional Services, said DNA samples were a matter of evidence. “While the law is quite extensive, it empowers police in relation to the quality of their investigations.”
Natasha Ramkissoon-kara of the National Prosecuting Authority said DNA samples were taken by the SAPS, therefore, making it fall under the jurisdiction of the police.
The NPA would become involved when the matter reached court.