South African Police Service Act, 1995 (Act No. 68 of 1995)Chapter 5B : Establishment, Administration and Maintenance of National Forensic DNA Database of South Africa15E. Interpretation |
For the purposes of this Chapter, unless the context indicates otherwise—
means the police officer commanding the Division responsible for forensic services within the Service or his or her delegate;
with reference to buccal samples, means a police official or a member of the Independent Police Investigative Directorate, referred to in the Independent Police Investigative Directorate Act, who is not the crime scene examiner of the particular case and who has successfully completed the training prescribed by the Minister of Health under the National Health Act, in respect of the taking of a buccal sample;
means the National Forensic Oversight and Ethics Board established under section 15V;
means an intimate or buccal sample taken from a person;
"buccal sample"
means a sample of cellular material taken from the inside of a person's mouth;
"child"
means a person under the age of 18 years;
means the comparing by the authorised officer of forensic DNA profiles derived from bodily samples, taken under any power conferred by Chapter 3 of the Criminal Procedure Act, against forensic DNA profiles contained in the different indices of the NFDD referred to in this Chapter;
"crime scene sample"
means physical evidence which is retrieved from the crime scene or any other place where evidence of the crime may be found, and may include physical evidence collected from the body of a person, including a sample taken from a nail or from under the nail of a person;
means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);
means deoxyribonucleic acid which is a bio-chemical molecule found in the cells and that makes each species unique;
"Executive Director"
means the person appointed in terms of section 6 of the Independent Police Investigative Directorate Act;
"forensic DNA analysis"
means the analysis of sections of the DNA of a bodily sample or crime scene sample to determine the forensic DNA profile: Provided that it does not relate to any analysis pertaining to medical tests or for health purposes or mental characteristic of a person or to determine any physical information of the person other than the sex of that person;
"forensic DNA profile"
means the results obtained from forensic DNA analysis on bodily samples taken from a person or a crime scene, providing a unique string of alpha numeric characters to provide identity reference: Provided that it does not contain any information on the health or medical condition or any information on the predisposition or physical information of that person other than the sex of that person;
means the Independent Police Investigative Directorate Act, 2011 (Act No. 1 of 2011);
"intimate sample"
means a sample of blood or pubic hair or a sample taken from the genitals or anal orifice area of the body of a person, excluding a buccal sample;
"National Health Act"
means the National Health Act, 2003 (Act 61 of 2003); and
means the National Forensic DNA Database of South Africa, established in terms of section 15G.
[Section 15E inserted by section 6 of Act No. 37 of 2013]