South African Police Service Act, 1995 (Act No. 68 of 1995)RegulationsForensic DNA Regulations, 20154. Preservation and timely transfer of collected samples to the Forensic Science Laboratory |
| (1) | The approved evidence collection kit and DNA reference (buccal) kit that have specifically been designed for the purpose of collecting forensic DNA evidence must be utilised for the collection of DNA evidence and buccal samples respectively. |
| (2) | The evidence collection kit must be packaged in an evidence sealing bag and must clearly indicate the relevant station and CAS number, before they are submitted to the Forensic Science Laboratory, unless compelling reasons (such as the size of the forensic sealing bag) that hamper the packaging thereof in the supplied evidence sealing bag. |
| (3) | If an evidence collection kit is not available or there are compelling reasons as contemplated in subregulation (2), the detective concerned must consult with the Forensic Science Laboratory to ascertain how the exhibit or sample must be dealt with. |
| (4) | The forensic evidence packaged in the marked evidence sealing bags may be submitted to the Forensic Science Laboratory by means of a reliable courier service. If the handling of the objects is monitored by a track-and-trace system, the system must be audited by the authorised officer or a person designated by him or her. |
| (5) | Reasonable steps must be taken to ensure that the exhibits or samples are not exposed to heat degradation. |
| (6) | A buccal sample— |
| (a) | may not be packaged with other exhibits; |
| (b) | must be packaged in a separate evidence sealing bag and submitted to the Forensic Science Laboratory; and |
| (c) | must be accompanied by a covering letter that clearly request that it be compared with crime scene samples that have previously been or will be submitted to the Forensic Science Laboratory. |
| (7) | A covering letter must be attached to the marked evidence sealing bag containing the buccal sample submitted to the Forensic Science Laboratory. The following information must be recorded in the covering letter: |
| (a) | barcode number of the buccal sample; |
| (b) | station and CAS number, or the number of the reference sample where relevant; |
| (c) | it must be indicated whether the buccal sample was taken from: |
| (i) | a child; |
| (ii) | an arrested person; |
| (iii) | a victim or complainant; |
| (iv) | a person who is under investigation, but not arrested and with his or her informed consent or authorised by the court; |
| (v) | from a family member of a missing person or unidentified human remains; and |
| (d) | whether the bodily sample or crime scene sample is from— |
| (i) | a missing or unidentified person; or |
| (ii) | unidentified human remains. |
| (8) | The Forensic Science Laboratory may request that buccal samples be submitted to them to verify that a person's forensic DNA profile is the same as the forensic DNA profile found on exhibits. The Forensic Science Laboratory may refer to such a sample as a "confirmation DNA reference sample" in correspondence. On submitting the confirmation DNA reference sample, the evidence sealing bag must be marked as "confirmation DNA reference sample" and must also clearly indicate this in the covering letter. |
| (9) | The detective commander must ensure proper management of requests for confirmation DNA reference samples. This may include monthly docket inspections to ascertain if a buccal sample from a person was actually submitted to the laboratory for analysis. |
| (10) | The authorised officer may determine the Forensic Science Laboratory to which the buccal samples and exhibits may be submitted. |