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New ‘DNA Act’ effective from 1 February

Publish date: 17 January 2022
Issue Number: 956
Diary: IBA Legalbrief Africa
Category: South Africa

From next month law enforcement will be able to draw on the full crime-fighting might of forensic DNA, but some are concerned this new tool will overburden an already overworked SAPS. A Weekend Argus report says President Cyril Ramaphosa has signed into law section 36D(1) of the Criminal Law (Forensic Procedures) Amendment Act. This means that from 1 February, a suspect arrested and charged with a schedule eight offence will be required to provide a DNA sample which will be uploaded onto the National Forensics DNA Database. DNA for Africa regional director Vanessa Lynch described the implementation of the so-called DNA Act as ‘a positive step and a good start to the year’. However, the head of advocacy at Women and Men against Child Abuse, Luke Lamprecht, said while the ruling was good news, it would increase the workload for police. He said he was not sure the SAPS had the ‘appetite’ for the extra work. The Medical Rights Advocacy Network (Meran) said it opposed the new law, questioning whether police officers were allowed to take biological samples. ‘One of our concerns is that police maliciously arrest people all the time,’ said Meran co-ordinator Mary de Haas.

Full Weekend Argus report

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