(1) | A national forensic DNA database within the Service, to be known as the National Forensic DNA Database of South Africa (NFDD), is hereby established. |
(2) | The authorised officer, as the custodian of the NFDD, must ensure that the— |
(a) | analysis, custody and disposal of DNA samples at a forensic DNA analysis laboratory; and |
(b) | administration and maintenance of the NFDD, are managed independently of each other. |
(3) | The NFDD must consist of the following indices which contain forensic DNA profiles: |
(c) | a Convicted Offender Index; |
(d) | an Investigative Index; |
(e) | an Elimination Index; and |
(f) | a Missing Persons and Unidentified Human Remains Index. |
(4) | Sub-indices for children must be created under the relevant indices referred to in subsection (3). |
(5) | The indices must not contain the following information: |
(a) | The appearance of the person, other than indicating the sex of that person; |
(b) | medical information of the person; |
(c) | historical information relating to the person; and |
(d) | behavioural information of the person. |
(6) | Nothing in this Chapter affects the use and storage of such forensic DNA profiles derived from samples taken in accordance with this Act for— |
(a) | comparative searches against forensic DNA profiles derived prior to the coming into operation of this Chapter; and |
(b) | the use of the results of the comparative searches as evidence in a court of law. |
[Section 15G inserted by section 6 of Act No. 37 of 2013]