South African Police Service Act, 1995 (Act No. 68 of 1995)RegulationsForensic DNA Regulations, 201529. General |
| (1) | The Divisional Commissioner: Human Resource Development must ensure that authorised persons are properly trained in the taking of buccal samples. |
| (2) | The Divisional Commissioner: Detective Service must— |
| (a) | within 90 days of the commencement of the Act, obtain a list of offenders who are serving a sentence of imprisonment in respect of an offence referred to in Schedule 8, as well as persons who have been released on parole or under correctional supervision in respect of an offence referred to in Schedule 8 from the Department of Correctional Services; |
| (b) | compile an action plan for implementation to support the taking of buccal samples from persons referred to in subregulation (a), as well as persons awaiting trial under the Criminal Procedure Act; and |
| (c) | liaise with the authorised officer to ensure that the forensic DNA profiles of persons referred to in subregulations (a) and (b) are included in the NFDD. |
| (3) | The National Commissioner must, within 90 days of the commencement of the Act, ensure that assessment tools are implemented to measure the effectiveness and timely compliance with— |
| (a) | the submission of buccal and crime samples to the Forensic Science Laboratory for examination; |
| (b) | the performance of forensic DNA analysis of buccal samples and crime scene samples; and |
| (c) | responding to, and performing follow-up of unsolved forensic investigative leads. |
| (4) | The National Commissioner must ensure that cases are re-opened and appropriately reflected as such in the case docket diary of the CAS/ICDMS if forensic investigative leads are identified. |
| (5) | A case where a forensic investigative lead has been reported may only be closed on the CAS/ICDMS if so authorised by the detective commander, after the unsolved investigative lead has been investigated and followed-up. |
| (6) | The authorised officer must, in consultation with the Divisional Commissioner: Technology Management Service, create a national central repository for forensic animal DNA profiles. Access to this repository may be granted to testing laboratories performing animal forensic DNA analysis. |
| (7) | The authorised officer may determine national standards for testing laboratories that perform animal forensic DNA analysis and may facilitate research with academic institutions and other facilities to develop procedures, best practices and chemistries in the identification of animal DNA for forensic purposes or criminal investigation. |
| (8) | The Director General: Department of Justice and Constitutional Development must provide the authorised officer or person designed by him or her, on a monthly basis, of the particulars of persons whose names have been included in the National Register for Sex Offenders contemplated in section 50(1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2008 (Act No. 32 of 2008). |
| (9) | The National Commissioner must, in consultation with the Department of Public Works, ensure that adequate forensic facilities are provided and maintained in accordance with the relevant accreditation standards. |
| (10) | The Director General: Department of Public Works must, after consultation with the authorised officer, on an annual basis, provide the Minister of Police with a risk assessment of the laboratory facilities provided for forensic services which addresses the following matters: |
| (a) | the quality and adequacy of the facilities; |
| (b) | maintenance measures to support the utility of the facilities; |
| (c) | the manner in which the shortcomings identified in the risk assessment will be addressed; |
| (d) | steps taken to ensure that the accreditation status or quality management program of the forensic service is not negatively impacted by the current state of the facility; |
| (e) | the refurbishment of facilities to support the implementation of new technologies and instrumentation to improve forensic services; and |
| (f) | provision of adequate storage facilities for the safekeeping of exhibits and case files and measures taken to ensure that the exhibits and case files in storage are not compromised. |