THE CRIMINAL LAW (FORENSIC PROCEDURES) AMENDMENT BILL ['THE DNA BILL']

1. THE CRIMINAL LAW (FORENSIC PROCEDURES) AMENDMENT BILL ['THE DNA BILL'] Nick Olivier & Pierre Joubert Strategic Investigations and Seminars (Pty) Ltd

2. FORENSICS4AFRICA • Operational division of Strategic Investigation and Seminars (Pty) Ltd • Vision - To be the preferred forensic service provider • Registered and accredited as a service provider with: • SASSETA - Safety and Security Sector Education and Training Authority – ID 081985269877 • FASSET - Finance, Accounting, Management Consulting and other Financial Services - ID 585/01354/12.

3. QUALIFICATIONS • Offer SAQA Accredited qualifications in: • Resolving of Crime (NQF 5) – ID 59989 • Forensic Science (NQF 5) – ID 57651 • Forensic Biology (NQF 6) – ID 57977 • Fraud Examination (NQF 7) – ID 67269 • Offer accredited short courses • Online short courses

4. CURRICULUM OF FORENSIC BIOLOGY • Presumptive testing of body fluids • DNA Extraction to the DNA Profile • Reporting & Statistics • Crime Scene Reconstruction • Introduction to Research • Quality Management System • Present evidence in court

5. GENERAL COMMENTS • Supports the introduction of the CRIMINAL LAW (FORENSICS PROCEDURES) AMENDMENT BILL and its promulgation into law as a matter of extreme urgency to help fight crime in our countryapplicable to, amongst others: • identification of serial offenders • Linking of perpetrators to different/other crimes

6. GENERAL COMMENTS • An effective DNA database is dependent on the following: • Proper legislation • Type of reference sample

7. SAMPLES FROM NAILS • Section 1(e)(fG) – sample take from ‘…..from the nail or from under the nail of a person…..’ • Per definition a non-intimate sample • Sample should be taken by a trained person • Could contain evidence → Crime Index • Submission: It should be clear that the sample taken from the nail or under the nail should not be used as a reference sample

8. AREA FOR TAKING OF A BUCCAL SWAB • Section1(g)(a) ‘……..takes a buccal swab…..in a designated area deemed suitable for such purpose ……’ • Normally inside a building • Outside a building, eg. a roadblock • Value of a DNA database: • person is arrested for a driving offense and due to a comparative search on the DNA database links this person to a serious offense • Our submission: • A designated area as referred to in section 36A(5)(a) be defined as a designated inside or outside area deemed suitable for such purpose

9. SUSPECT INDEX • Section 2 – 36D (a) – ‘…….buccal swab be taken ….….person arrested for any offence referred to in Schedule1’. • Suspect : a person not yet cleared by the investigation of SAPS • Not all suspects may be arrested. • Comparative forensic DNA search on the DNA database might not be allowed • Illegal DNA matches - not reported

10. SUSPECT INDEX • Our submission: (i) Taking a buccal swab from a suspect must be included in Section 36E. (ii) Creation of a SUSPECT Index (iii) Comparative search of any DNA profile against the SUSPECT Index (iv) Same principles applicable as in section 15Q(a)

11. EXISTING (OLD) DNA DATABASE • Section 15G(7) - Establishment of a national forensic DNA database • SAPS implemented STR technology in 1998 • Existing DNA database contains DNA profiles derived from suspects, arrestees, volunteers, (victims & laboratory personnel) and crimes samples • Our submission: DNA profiles on the existing DNA database be incorporated on the new national forensic DNA database and managed as determined by legislation

12. ELIMINATION INDEX • Section15L (1)(c) – ‘The Elimination Index shall contain forensic DNA profiles ………from any person ………. manufacturing of consumables’ • majority DNA consumables purchased from companies abroad and not from local companies • Our submission: • To add the words ‘where possible’ in the sentence of Section (c)

13. DESTROYING OF REFERENCE SAMPLES Section 15P(1) ‘…. Bodily sample taken …… not relating to crime scene sample ….. be destroyed within 3 months …….’ & Section 15Q(a) ‘……DNA profiles in the Arrestee Index must be expunged within 3 years ….’ • Typing error?

14. DESTROYING OF REFERENCE SAMPLES • Our submission: (i) The DNA profiles in the SUSPECT and the ARRESTEE Indexes must be destroyed within 3 months after been notified. (ii) AllDNA samples (DNA extract, Quantified- & amplified DNA)of such an individual must ALSO be destroyed

15. PRIVATE SERVICE PROVIDERS • Populated ARRESTEE Index as soon as possible • Capacity for analysis of all arrestees? • Private Service Providers could assist • 600 000 samples annually • Only buccal swabs • NOT crime samples • Same principles and procedures as SAPS • Re-typing by SAPS after a DNA match

16. FORENSIC OVERSIGHT BOARD • Section 15Y(f) – ‘…. A total of two representatives appointed by non-governmental organisations ……..’ • Forensics4Africa employs DNA experts who will be able to contribute substantially to the proceedings of the Board • Requests that Forensics4Africa be considered to take up one of the two seats mentioned

17. OPERATIONAL DATA • Lecturers >100 years experience in field of forensic investigative sciences • Qualified Assessors and Moderators • Enrolled students > 600 • Recognition of Prior Learning of SAPS members >300

18. SCIENTIFIC EXPERTISE

19. Thank You