Honourable Speaker;
Ministers and Deputy Ministers present;
Honourable Members of Parliament;
Senior members of the South African Police Service present;
All strategic partners of SAPS in the fight against crime;
Fellow South Africans;
Crime is becoming sophisticated, not only in South Africa but globally. This includes methods of communication, false documentation, travel, and electronic gadgets used for various purposes.
The use for DNA in solving crime, in particular serious violent crime is an imperative in law enforcement. Although DNA is being used for many years, there is a dire need for a proper regulatory regime, including adequate controls and safety measures in that regard.
Honourable Members;
We are before this august House to present the Criminal Law (Forensic Procedures) Amendment Bill, otherwise known as the DNA Bill. We remain confident that this legislation will support our strategic objective of contributing to the successful prosecutions of crimes through thorough investigations, thereby increasing the detection rate of priority crimes, particularly crimes against women, children and the elderly.
The main essence of the Bill is that it formally establishes a DNA database within the South African Police Service, where DNA samples will be analysed and the results of such analysis be kept on record for the purposes of detection of crime and the investigation of cases and also establishes a National Forensic DNA Database of South Africa (NFDD). Most importantly to link crime scene samples with samples of suspects. It could furthermore assist in the conducting of prosecutions, identification of unidentified human remains and the identification of missing persons.
In respect of access to and security of the DNA database, the National Commissioner of Police is charged with the responsibility to take appropriate, reasonable, technical and organizational measures to prevent loss to or unauthorized destruction of information on the database and unlawful access thereto.
In this process the National Commissioner must identify reasonable foreseeable internal and external risks to information on the database, establish and maintain appropriate safeguards against the risks identified. Cognizance must be taken in this regard of generally-accepted information security practices and procedures.
Honourable Members;
Of particular importance is the establishment of a National Forensic Oversight Board consisting of five professionals from outside the public sector with knowledge and experience in forensic science, human rights law or ethics relating forensic science. It will also include three persons from the public sector, that is, the Secretary of Police, a representative from the Department of Health and a representative from the Department of Justice and Constitutional Development.
Very specific functions of the Board are spelt out in the Bill such as the monitoring of implementation of the legislation, making proposals on the governance and integrity of the NFDD, making proposals on the conducting and performance of forensic DNA analysis and operations of the NFDD, monitoring of compliance with ethical and privacy issues, propose minimum quality standards to be maintained in the NFDD, promote public accountability and transparency, advise the Minister on reviewing legislation, regulations, policy and protocols relating to the use of DNA to combat crime.
Honourable Members,
The passing of this important legislation will further enhance our focus around smarter policing and contrition to the criminal justice system revamp process. The environment of science itself implies that for any conviction there has to be empirical evidence because in a court of law, word of mouth does not necessarily guarantee convictions.
The passing of the DNA must benefit all in society; urban, peri-urban and rural communities. The latter is of fundamental importance. It was a tragedy of history in our country that, for whatever reason, some of the resources whether they be police stations, were built in urban cities and that to a greater part, there was a neglect of rural areas. Forensics was no exception.
In correcting this past, this the department is now contributing towards the change in service delivery by putting in place a forensic awareness drive. This programme now extends outside the borders of the cities to the rural areas so that even those citizens, who are in remote areas, do benefit.
This Bill will also go a long way in bringing closure to families who may be faced with unfortunate circumstances of dealing with a missing family member, or police officials being able to identify unidentified human remains.
The Bill furthermore provides for cooperation with international law enforcement agencies. Given the fact that crime is transnational, collective efforts to combat crime are more than essential; as long as this cooperation is within the ambits of mutual international agreements with the associated countries.
Honourable Members,
The implementation plan has been developed in tandem with the Bill as it will, to a large extent, address crimes related to bodily integrity such as murder and rape. The police management have also developed a skills development plan that includes enhanced crime scene investigation and processing expertise.
I have also tasked the National Commissioner of Police to look into the practicalities of implementing a retention strategy for the broader department, but with particular focus around our forensics field. We believe this will not only afford us a platform to retain our expertise, but also improve the experience levels of our analysts, to allow them to be comparable with their peers within the forensic field internationally.
Honourable Members,
Our programmes of establishing a police service that inspires confidence in its fulfilment of the mandate to fight against crime and all forms of criminality are beginning to yield the desired results. We believe this important legislation will serve as a useful arsenal in our crime-reduction efforts.
I therefore hereby formally present the DNA Bill to Parliament for voting.
I thank you.
