South African Police Service Act, 1995 (Act No. 68 of 1995)

Chapter 5B : Establishment, Administration and Maintenance of National Forensic DNA Database of South Africa

15G. Establishment of national forensic DNA database

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(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:
(a)A Crime Scene Index;
(b)an Arrestee Index;
(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]