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.
