Posts Tagged ‘DNA Act’

 

Thousands of detectives now trained to handle DNA

Thursday, May 14th, 2015

SAPS demonstrating the taking of a buccal swab at the 3rd National Forensic Services Conference held in 2015.

JOHANNESBURG – Members of Parliament have heard thousands of detectives have already been trained to take the forensic samples [buccal swabs] that will go towards building a national DNA database.

Lieutenant General Kgomotso Phahlane has briefed Parliament’s Police Portfolio Committee on the implementation of the so-called DNA Act that came into operation in January.

“Our target was to make sure that 5,500 people were trained by the end of March and 5,456 have been trained.”

The Criminal Law Amendment Act provides for a DNA database that will help identify the perpetrators of unsolved crimes, prove the innocence or guilt of accused persons and help find missing people.

(Edited by Refilwe Pitjeng)

SOURCE: This article was first published by Eyewitness News on 12 May 2015

Commencement of the Criminal Law (Forensic Procedures) Amendment Act (37/2013)

Wednesday, December 31st, 2014

What a wonderful end to an exciting year!!!

In a proclamation published in the Government Gazette on the 30th of December 2014 (Vol. 594 | No. 38376), the President has stated the 31st of January 2015 as the date on which the Criminal Law (Forensic Procedures) Amendment Act 37 of 2013 shall come into operation with the exception of section 2 (to the extent that it inserts section 36D(1) in the Criminal Procedure Act, 1977 (Act No. 51 of 1977)).

Additional note: Section 2 of the ‘DNA Act’ deals with the insertion of 36D (“Powers in respect of buccal samples, bodily samples and crime scene samples”) and 36E (“Samples for investigation purposes”) into the Criminal Procedure Act 51 of 1977 and in particular, 36D(1) refers to the mandatory taking of a buccal sample from a Schedule 8 arrestee by the SAPS or bodily sample by a registered medical practitioner or registered nurse.

Please click here to view a PDF copy of Government Gazette Vol. 594 | No. 38376.

Government Gazette Vol. 594 | No. 38376

Draft of forensic DNA regulations published for public comment

Tuesday, October 14th, 2014

Under Section 15AD of the South African Police Service Act, draft regulations outlining how the South African Police Service (SAPS) will be allowed to take DNA samples from suspects have been drawn up in terms of Section 6 of the Criminal Law (Forensic Procedures) Amendment Act of 2013 [the “DNA ACT”].

These draft regulations were published on the 9th of October 2014 in Government Gazette 38074 for public comment.

All interested parties have been invited to comment on the draft regulations within 21 days of the publication – i.e. by no later than the 30th of October 2014.

Comments must be made in writing and directed to:

Brigadier M van Rooyen
Legal Services: Governance, Policy and Legislation Management
South African Police Service

E-mail address: vanrooyenmsaps.gov.za

Fax number: (012) 393 7098

Street address:
Room No. 311
3rd Floor
Presidia Building
255 Pretorius Street
Cr. Paul Kruger and Pretorius Street
PRETORIA

To view a PDF copy of Government Gazette 38074, please click here.

To view a PDF summary of the DNA Act, please click here.

Once the submissions have been received and considered, the draft regulations will be submitted to the Minister of Police for approval.

The draft regulations focus on, inter alia:

  • The taking of a buccal sample;
  • The keeping of records in respect of collected buccal and crime scene samples;
  • Preservation and timely transfer of collected samples to the Forensic Science Laboratory;
  • Conducting of comparative searches;
  • Communication of forensic DNA findings and related information;
  • DNA examinations conducted at the Forensic Science Laboratories;
  • Request for access to information stored on the NFDD;
  • Follow-up of forensic investigative leads;
  • Destruction of buccal samples;
  • Notification of court findings;
  • Removal of forensic DNA profiles from the NFDD;
  • Protocols and training relating to familial searches;
  • Complaints to the Forensic Oversight and Ethics Board;
  • Reports;
  • Information technology infrastructure and systems; and
  • Requests for removal of DNA profiles.

DNA Act a monumental step forward for SA

Friday, February 14th, 2014

The promulgation of the new DNA Act in January was a “monumental step forward” for South Africa as the nation battled high levels of crime, but an easy implementation should not be expected, writes Natasha Odendaal for Engineering News, 13 February 2014.

(more…)