Civil society organisations call on Ramaphosa to declare the DNA Act operational

Action Society community safety director Ian Cameron said setting the date for the operation of the act was a simple step Ramaphosa should be taking with haste. Picture: Tracey Adams/African News Agency (ANA) Archives

Action Society community safety director Ian Cameron said setting the date for the operation of the act was a simple step Ramaphosa should be taking with haste. Picture: Tracey Adams/African News Agency (ANA) Archives

Published Feb 9, 2023

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Cape Town - Civil Society organisations DNA For Africa and Action Society are putting pressure on President Cyril Ramaphosa to declare the Criminal Law (Forensic Procedures) Amendment Act – better known as the DNA Act – operational.

Almost two months after Ramaphosa signed the bill into law in December, it remains inactive. It was adopted by the National Council of Provinces without amendments in September after a 7-year process.

Once enacted, the act would compel the government to take DNA samples of schedule 8 offenders and add them to the convicted offenders’ database before the offenders are released on parole.

Schedule 8 offences include murder, rape, serious assault, theft, kidnapping and public violence.

Action Society community safety director Ian Cameron said setting the date for the operation of the act was a simple step Ramaphosa should be taking with haste.

Cameron said the president last week mentioned that the government had made drastic improvements in terms of legislation to combat gender-based violence, but he hadn’t signed the bill.

“We are frustrated by the president’s lack of urgency on this matter and it would be interesting if he mentions it during Sona,” he said.

DNA for Africa regional leader Dr Vanessa Lynch said potential serial offenders were being released back into society, some likely to offend again.

Lynch said there had been cases of convicted offenders of less serious offences being linked to over 30 cases of violent rape and murder, based on their DNA profile entered into the database.

“Signing the DNA Amendment Act into law but not declaring a date of operation renders it a ‘paper tiger’ – a tactic I have seen used by the government before to pacify the general public into believing that a law has been passed without alerting them to the fact that unless it has a proclamation date attached, the act can sit for years without being implemented,” she said.

Lynch said the public must put more pressure on President Ramaphosa to take action and declare the act operational.

President Ramaphosa’s spokesperson Vincent Magwenya referred Cape Argus questions to the Ministry of Police to advise on the process that would give effect to the act.

The ministry was approached for comment but did not respond by the time of going to print.

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