If things went according to the wishes of Police Minister Bheki Cele, there would be no need to use minimal force to take DNA samples from prisoners sentenced for serious crimes and sexual offences.
“It will be very good if everybody just complies and we get these buccal (samples) and we go on with life,” Cele said on Wednesday.
Cele made the statement when he was responding to concerns from MPs about a provision in the proposed Criminal Law (Forensic Procedures) Amendment Bill that provides for use of minimal force on prisoners who refuse to submit to the taking of DNA samples.
The bill is aimed at the taking of DNA samples from all persons convicted under Schedule 8 offences.
The offences include murder, rape, sexual assault, any sexual offence against a child or a person who is mentally disabled and child stealing.
The bill will empower the SAPS commissioner to lodge an application to a judge or magistrate for a warrant against a prisoner who refuses to submit to the taking of his or her DNA sample.
Those authorised to take the samples, assisted by correctional officials, will be allowed to use minimal force against those who refuse samples to be taken from them.
However, the SAPS commissioner in consultation with the correctional services counterpart is expected to issue and publish national instructions regarding the use of minimal force when DNA samples are taken from already convicted prisoners.
Yesterday, DA MP Okkie Terblanche raised concern that the bill might not promote the humane and civilised treatment of the prisoners.
“I am concerned that we are not moving in the right direction,” Terblanche said.
ACDP leader Kenneth Meshoe said that “minimal” was a broad term.
“How do we accurately define ’minimal’? We have seen police punching people and even slapping people,” Meshoe said.
He also said they have seen the police kneel on people on the ground.
“When a person refuses to co-operate, how do we define ’minimal’ and how do we draw the line?” he asked before stating that the understanding of ’minimal’ would differ from one person to the next.
In his response, Cele said many Schedule 8 prisoners could not have their DNA samples taken because the initial legislation did not have an enforcement element within it.
“If you say no, it will be just no. If you hide, you are called and you don’t avail yourself that will be so. That leads to minimal force to be taken,” he said.
The minister said their teams would be trained on the use of minimal force, and that it would be established what amount of force should be used.
“The issue is that at the end of the day, the sample must be taken,” he said.
Civilian Secretariat for Police’s Phillip Jacobs said most of the MPs' concerns were addressed in the proposed legislation.
Jacobs said the use of minimal force was aimed at attaining the objectives of the proposed law.
“There are a lot of mechanisms in law. In order to enforce you have to do certain things,” he said.
Jacobs also said: “Within the context of the act, it can be quite well defined in the national instruction.”
Deputy national commissioner Francinah Vuma said there would be an instruction that was already being drafted by the SAPS legal services.
“They work with the Civilian Secretariat for Police to articulate as to when they implement the bill,” Vuma said.
However, Cele said the law allowed that minimal force be used by the police.
“It will be measured and people will be trained,” he said, adding that the oversight by the Inspecting Judge would form part of the process.
POLITICAL BUREAU