Much-awaited DNA Act to be operational from next week

The law also provides for the expansion and administration of a database enabling the police to match forensic DNA profiles derived from samples collected. Picture: Tracey Adams/African News Agency (ANA)

The law also provides for the expansion and administration of a database enabling the police to match forensic DNA profiles derived from samples collected. Picture: Tracey Adams/African News Agency (ANA)

Published Feb 20, 2023

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Cape Town - From next week the government will be able to take DNA samples of those convicted of Schedule 8 offences and add them to the convicted offenders’ database before they are released on parole.

This after Police Minister Bheki Cele announced that the much-awaited Criminal Law (Forensic Procedures) Amendment Act 2022, referred to as the DNA Act, will come into operation on March 3.

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

The law also provides for the expansion and administration of a database enabling the police to match forensic DNA profiles derived from samples collected at crime scenes with forensic DNA profiles of offenders.

The bill was adopted by the National Council of Provinces in September last year, without amendments, and President Cyril Ramaphosa signed it into law in December.

Lobby groups the Action Society and DNA for Africa recently put pressure on President Ramaphosa to declare the law operational after it remained non-operational almost two months after it was signed into law.

Speaking as he released the latest crime statistics, Police Minister Bheki Cele said this piece of legislation would remove serial rapists from the streets.

Cele said the building and capacitation of the laboratory in Gqeberha in the Eastern Cape, which would relieve pressure on the Western Cape laboratory, was complete.

As of February 16, Cele said the DNA backlog, which was initially over 241 000, was currently 1 600, a 99.3% reduction in the country’s DNA backlog figures.

From October to December last year, nearly 5 000 suspects were arrested for GBVF-related crimes. During the same period, 71 accused were handed down 89 life sentences, Cele reported.

DNA For Africa regional leader Dr Vanessa Lynch said it has taken six years to reinstate the DNA Act, which expired, and that this process should never have taken so long.

Action Society community safety director Ian Cameron said the organisation welcomed Cele’s announcement. Cameron said they hoped that the act would be properly implemented and enforced.

“We are worried about legislation not being utilised properly in South Africa and so not being of use. This piece of legislation is crucial for justice to be served and for victims of sexual offences to actually see that there can be long-term consequences for offenders,” he said.

Ilitha Labantu spokesperson Siyabulela Monakali also welcomed the provisions set out in the act and hoped the database would help to speed up cases involving rape and other sexual offences.