• Adami Geldenhuys

Criminal Law (Forensic Procedures) Amendment Bill 25 of 2021

The Criminal Law (Forensic Procedures) Amendment Bill 25 of 2021 was introduced into the National Assembly on 20 December 2021.

The Memorandum on the Objects of the Bill provides the following information:

"2. 1 The Bill seeks to make a new provision in respect of the full implementation of the transitional arrangements contained in the Act.

It also provides for the enforcement of the obligation to submit to the taking of a buccal sample, as well as the reporting obligation in respect thereof.

2.2 The primary objective of the Bill is to contribute towards the population of the forensic DNA database which is provided for in the Act, and which is maintained by the South African Police Service, for the purpose of conducting forensic investigations in respect of unresolved crimes. The collection of DNA evidence from persons serving a sentence of imprisonment in respect of any offence listed in Schedule 8 to the Criminal Procedure Act, 1977 (Act No. 51 of 1977) (convicted Schedule 8 offenders), in the form of buccal samples

is crucial to resolving unsolved crimes, especially since such offenders are usually repeat offenders. Furthermore, the successful prosecution and conviction of repeat offenders are essential in reducing high crime rates and protecting members of society, mostly women and children, who are vulnerable to being victims of crimes perpetrated by such offenders."

A copy of the Bill can be viewed here.

The intention to introduce the Draft Criminal Law (Forensic Procedures) Amendment Bill, 2021 into Parliament was gazetted on 10 December 2021 (GenN708 GG 45616 p105 10Dec2021).

Date posted: 12 January 2022