CAPE TOWN - The justice system has failed the communities they serve.
This was the reaction of community forums and experts following the revelation by Justice and Correctional Services Minister Ronald Lamola that DNA samples have not been taken from nearly 100 000 prisoners convicted for serious offences and paroled, since January 2016.
Lamola was responding to a parliamentary question by DA MP Andrew Whitfield who had asked about the total number of convicted schedule eight offenders who were not added to the national forensic DNA database.
Murder, rape, sexual offences and kidnapping are some of the charges falling under the schedule eight offences.
Lamola said in terms of the amended Criminal Law, the responsibility to draw DNA samples and maintain records of the national forensic database was that of the SAPS.
“All Schedule 8 offenders that were in correctional centres and not registered on the National Database were referred to SAPS for DNA samples to be captured.
“The Department of Correctional Services only processes offenders eligible for parole in terms of the Correctional Services Act 111 of 1998 as amended, which stipulates the periods of a sentence to be served in order to be eligible for consideration for placement on Parole,” Lamola said.
His response showed that 96 875 prisoners were released on parole without DNA being taken.
Gauteng is listed as the province with the highest number of offenders released without DNA samples being taken with the figure at 20 591. This is followed by KwaZulu-Natal at 16 316.
Limpopo, Mpumalanga and the North West have a collaborative figure at 16 126 with the Western Cape following closely at 16 009.
Eastern Cape’ figure stands at 14 880 while Northern Cape and Free State have a collective 12 953 parolees.
Policing expert at the African Centre for Security and Intelligence Praxis, Eldred de Klerk, said the state needed a comprehensive health-care system to collect DNA data.
“DNA collection should start from almost the first point of contact but most of our local police stations are under-resourced. We can work more closely with hospitals. That's where our DNA gets taken because the state has a duty of care too, when we are citizens can’t care for ourselves. If we have these systems in place and working together, it will be much easier to capture data.”
“When you get parole, the assumption is that you report to the parole office, you are a ward of the State and need to play by certain rules. That does not mean the State cannot take your DNA when the system is up and running. You are still under parole, they can make it a condition of parole that you report to a police station to have your DNA collected.”
He added that parole was a right and necessary but improving data systems were important as the country had high re-offending numbers.
Delft CPF chairperson Charles George said the system was outdated and technology needed to be used to respond to modern crime trends.
“Our justice system has failed the community. We have a guy that shot someone, he was out on bail for three hours, then he was charged with shooting someone else. Just this weekend we are sitting with 12 murders and three attempted, and of the three (victims) two (are) on life support, this has become the norm.
“Our government is out of touch on how to police. We are not operating in the 21st century. Times have changed, most crime taking place is supported by technology.”
Tjatjies Samekoms community organisation co-ordinator Amelia Tara from Manenberg said the reality for those in the townships was harsh and many turned to crime.
“The reality for people in the townships is that people don’t have shelter, there is the issue of high electricity and water, people can’t provide for their families, these issues are causing people to go into crime.”
Cape Times