DNA Act in Force in January

The Presidency

The Criminal Law (Forensic Procedures) Amendment Act of 2013 will come into effect on 31 January 2015.

The act promotes the use of DNA in crime fighting efforts and regulates how this is to occur taking constitutional principles into account.

The proclamation was published in Gazette 38376.

The act calls for the setting up of a national forensic DNA database.

It also allows for forensic DNA profiles to be used in crime investigation and court proceedings.

The act amends the South African Police Service (SAPS) Act in order to set up the national forensic DNA database.

Amendments are also introduced for the Firearms Control Act and the Explosives Act.

A single bill was originally tabled in parliament in 2009.

However, the police committee decided to only deal with the fingerprint part of the bill. This was subsequently passed into law.

A separate DNA bill was then drafted.

Draft regulations setting out the procedure for taking DNA samples from suspects were published for comment in October last year.

According to the proclamation, section 2 (to the extent that it inserts section 36D(1) in the Criminal Procedure Act of 1977) did not come into force.

President Zuma had assented to the bill at the beginning of 2014.

Sabinet Cape Town Office

Related legislation: 

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