It’s your Right / Yilungelo Lakho is a Consumer Affairs TV show on SABC 1, transmitting every Friday from 13H00 to 14H00 where issues affecting South African consumers are discussed.

On the 26 November 2010 they will be doing a show around the DNA bill, the DNA Database and the rights of victims and criminals amongst other issues. They have invited Vanessa Lynch from the DNA project to participate in a studio discussion on these issues and more.

With the festive season fast approaching crimes ranging from child rape, murder, cash in transit heists, house braking, hijacking and rape in general are likely to be on the rise. Promises  of visible police work and adding more workforce by the ministry have been heard, but do we have police trained to collect DNA samples at crime scenes? South African Forensic laboratories play a critical role in the prosecution and conviction of criminals. But reports say since 2007 these labs experience a 300% backlog bringing a parallel increase in the number of criminal cases that could not be successfully prosecuted. Leading to a notion that our forensic laboratories are now, in fact, in a state of crisis. Besides backlogs problems ranging from high vacancy rates, largely unsuccessful staff retention policies, Police efficiency lack of trained staff and expensive training on how to take DNA samples at crime scene, housing and maintenance problems have been reported.

The discussion will focus on the above issues as well as the DNA forensic bill, what it entails and how it will assist in combating crime. Moreover, the question will be asked as to why it hasn’t been passed and when will it happen, and the issue of human rights for both victims and criminals. The issue of private labs will also be raised.

The Chairperson of the Portfolio Committee for Police as well as a representative from the FSL and SAPS have been invited to participate in the discussion.

The show is scheduled for 26 November 2010 @ 1pm on SABC 1.

The Change a Life Trust held their annual Feedback Session at the JSE (JHB) on Tuesday 2 November 2010. This is an opportunity for its beneficiaries to showcase their good work done over the last year, and The DNA Project, as one of its major beneficiaries was asked to give a presentation on our achievements over the 2009/2010 FY. Unfortunately I was suddenly struck down with the most terrible flu (which hasn’t happened to me in over 10 years!), so I was sadly unable to attend. But the DNA Project is comprised of a team of amazing people, so Carolyn took over the reins and reports back below on the day’s events….

The 2nd of November was a busy day for us. After flying up to Johannesburg, I met with Allan Thompson, another director of the DNA Project. We both then attended a wonderful lunch at the Computershare offices with the other beneficiaries of the Mike Thompson/Computershare Change a Life Trust. The occasion provided us all with an opportunity to catch up on what we had been doing throughout the year and the progress which each of the projects has made in the fight against crime in South Africa. We also chatted about the way forward in 2011.

Allan and I then met up with Rob Mathews for a DNA Project Board meeting (unfortunately Vanessa was not present as she is in bed with the flu!) During the meeting I was able to give Allan and Rob some further insight into our progress to date, with particular reference to the legislation, the post graduate degree and the DNA Awareness Campaign. During our meeting we also spent time on planning what the DNA Project should focus on in the next few months.

Debby Thomson (left) and Carolyn Hancock (right) at the event

Then it was a quick rush home to change and then back to the JSE for the Computershare Change a Life Feedback event after the cyclists recent exciting (but exhausting) trip to Malawi. The JSE was completely transformed into a wonderfully festive venue end everyone enjoyed a few snacks and cocktails before we went into the conference room where all the beneficiaries of the Change a Life Trust gave feedback on their achievements during the last 12 months.

With Vanessa being unwell, I gave the presentation on behalf of the DNA Project – quite a daunting task as we feel we have accomplished an enormous amount – but only had 6 minutes to tell the cyclists everything!! I was delighted to be able to comment on the fact that the post graduate degree is now up and running at the University of Free State and we are expecting our first graduates at the end of this year. In addition, that UCT will also be taking on a few forensic genetics honours students in 2011. I provided the participants with some idea of where we currently stand in terms of the legislation and how crucial it is that the parliamentary committee deal with the DNA Bill as a matter of urgency.The last few minutes of the presentation I spent concentrating on describing our DNA Awareness Campaign – how we have developed and filmed the training DVD, compiled the information booklet and trained people around the country to conduct  DNA awareness workshops with various members of the community. To date we have contacted 552 organisations with regard to running awareness workshops and have already given presentations or workshops to over 1200 people (mostly since the beginning of August).

Carolyn presenting to the cyclists

Our message to anyone who may be the first at a crime scene remains:
D – Don’t touch
N – Note Record and Observe
A – Assist police officers 

C – Comfort victims
S – Secure the scene
I – Insist no one interferes

Once the presentations were over the cyclists were introduced to what they could expect of next years event – a fantastic trip through Namibia – from East to West. When we returned to the foyer of the JSE, and in line with the theme of “going west,” the JSE was transformed into the “Wild West”. It was a really fun evening but also a time to remind the sponsors and cyclist’s of where their hard earned money has gone – to what we believe are some very worthy causes. We thank them all for their continued support of the DNA Project!!

Carolyn

I have just read through the latest amendment of the Criminal Procedure Act which deals with arrest and the ‘‘Use of force in effecting arrest”. Click here to read it – it is only a few pages long.

Parliament  have just gazetted the amendment which allows  ‘deadly force’ in arrest — defined as  “force that is likely to cause serious bodily harm, or death and includes, but is not limited to, shooting at a suspect with a firearm.”
This was introduced and passed within the last year — seemingly with no constitutional issue whatsoever.

Yet putting a swab in an arrestees mouth to take a DNA sample is considered an AWESOME abuse of police power (but at least if you make a mistake, the suspect is still alive to take a 2nd sample!) Or better yet, the sequence of 9 non-coded, meaningless numbers entered onto a DNA Database to build criminal intelligence against serial rapists and murderers, is conceived to be an invasion of privacy:  But  – the use of force that is likely to cause death… – pass.

Are we to presume that our MP’s are oxymorons?  Because here we sit waiting for over two years for the DNA legislation to be passed which has much more far-reaching consequences in fighting crime intelligently and yet the above amendment sweeps through Parliament without so much as a constitutional peep from Parliament or its Portfolio Committee Members within a year.

The upside, is that perhaps we can use this promulgation to strengthen our argument that in the context of this recent Amendment, the DNA Bill we are fighting surely cannot be labelled as unconstitutional.

Vanessa

Some of you may have already heard about the drama that unfolded at yesterday’s DNA Conference in Pretoria.  The Chairperson of the Portfolio Committee, Ms Sindi Chikunga, pulled out at the last minute and we were left ‘standing at the altar’ as to what she was going to say in respect of an update on the progress of the DNA Bill. The organisers of the conference had gone to great lengths to accommodate not only her request to present at the conference, but had shuffled the entire programme around, again to accommodate her request to hear certain relevant presentations pertaining to Forensic DNA.  Highly respected and renown representatives from 5 different continents were present, and to say that I was deeply embarrassed by the failure of the Chairperson to arrive, let alone provide a reason for her no-show, is an understatement. I was asked to stand up in her place to give an update of the DNA Bill from our perspective as well as the reason why we urgently need this Bill to be passed in South Africa and for those of you who were there, there was no sugar coating insofar as me communicating to the audience how infuriated I was that this had happened.  Whatever the reason for the sudden exit from the programme, I think that the least she could have done was to have asked someone to stand up in her place and provide an apology for her absence and make up, for all we care, some excuse as to why she could not be there. Her failure to have done this smacks of bad manners and comes across as arrogant and the audience took note of this too. Whilst there may well be a legitimate reason for her absence, this needed to be communicated, particularly in this forum, where all eyes where on her — those of  the public, the presenters, the Forensics Lab, the press and the many humanitarian organisations in attendance. I doubt that the lasting impression Ms Chikunga wanted was that she is simply above us and could not care about this DNA Bill (and for the record I personally believe she does care) — but the word out there following this omission, is  I’m afraid, otherwise.

Be that as it may, the Parliamentary Researcher was present at not only the DNA Workshop which preceded the DNA Conference this week, but at both days of the conference and has assured me that she has taken copious amounts of notes and will be conveying pertinent information back to the Portfolio Committee as to what has been presented. And that brings me to the second reason why I felt so upset yesterday — this Conference provided an incredible opportunity for not only the Chairperson but the entire Portfolio Committee (who were also invited but only one member arrived) to learn about the successful use of Forensic DNA throughout the world. The presenters were world class, from both overseas and South Africa, and each talk only went further to verify the incredible potential of this technology as a crime fighting tool, particularly in South Africa where crime is rampant. So much could have been learned and understood from simply listening to the various talks, and more still from the opportunity to ask questions, interface and integrate with these experts — but this opportunity has sadly been lost.

I refuse to be worn down by the apparent lack of political will to move on with this Bill, but I think it is time that the Portfolio Committee communicated their intentions insofar as:

1. when they intend to start reviewing phase 2 of the Bill;

2. When they intend to go on their tour overseas and whether this trip has been approved by Parliament, and if not why?

Members of Parliament are after all accountable to us, the citizens who voted them in there in the first place. And it’s all very well to stand up for something when they want our votes. But it is now, when it really counts, that their real mettle shows, and I hope that they have the transparency and integrity to give us feedback as suggested above. How difficult could that be? And I believe that a continued failure to be forthcoming in this regard, does not cast them in the best possible light. But that is their choice.

I will sign off on that note, and will report back on some of the fascinating talks presented yesterday and today, during the course of next week.

Have a good weekend.

Vanessa

I have just arrived in Pretoria at the venue where the 2nd Annual African DNA Forensics conference is being held tomorrow through to Friday. I have been invited to present at the Conference together with a variety of speakers ranging from International DNA Forensic Experts as well as local Forensic Scientists. See the following link for the final program: Programme 2nd Annual African DNA Forensics conference 28-29 October 2010

You will notice that at 10.am tomorrow morning, we expect to see a small delegation of Members of the Parliament of the Portfolio Committee on Police (who are reviewing the DNA Bill)  including the Chairperson of the Committee, Ms Sindi Chikunga. Ms Chikunga has requested to present a talk which she has entitled “An Update on the progress of the development of the “DNA Bill” in South Africa.”

So – not only are some members of the Portfolio Committee going to be attending the conference to further learn about the value of DNA in a criminal context, but we are going to learn, from the ‘horses mouth’ so to speak, exactly what their intentions are with regard to the progress of the 2nd phase of the Bill. This is one presentation I am not going to miss and I shall be back tomorrow, to report with interest, on what was said……

Until then,

Vanessa

It always amazes me how DNA and a DNA Database makes perfect sense to everyone else, expect the handful of people who can ACTUALLY make a difference! I attended a DNA workshop in Cape Town this last week, where leading International DNA Forensic Scientists gave lectures on the basics of Forensic DNA and how it is applied in a criminal context –  it was an expensive workshop but I was invited to attend at no cost due to our NGO status. The workshop organisers also offered to host the entire Portfolio Committee and Parliamentary Researcher responsible for reviewing the DNA Bill, FREE of charge to the DNA workshop so that they could all benefit from understanding the basic concepts of DNA, DNA Databases, the ethical considerations around a DNA Database and the importance of legislation to regulate this area. Only the Chairperson and two other members of parliament accepted the invitation, as well as the Parliamentary Researcher –  but… not even ONE of these 4 people bothered to pitch up.

Apart from the fact that this is simply bad manners, this illustrates that there appears to be absolutely no political will whatsoever to want to make a difference, and yet, do you think they will all clamber at the opportunity to go on the all ‘expenses paid’ overseas trip to the UK and Canada next year? Let’s wait and see. Meanwhile, a real opportunity to actually learn something of value has just passed by….

Vanessa