National DNA database in the works

Gothataone Moeng | Friday July 11, 2014 15:27

The Bill also provides for the establishment of National DNA Database Advisory Board. Its general objective is to provide for the taking of forensic samples on certain categories of persons as well as the use of forensic material for scientific analysis during criminal or other investigations.

Presenting the Bill before Parliament, Justice, Defence and Security minister, Ramadeluka Seretse said current legislation does not permit the performance of certain forensic procedures on certain categories of people.

“The Criminal Procedure and Evidence Act provides for the admissibility of certain kinds of evidence, but does not make provision for evidence obtained from forensic procedures performed on certain categories of persons. This Bill seeks to address this glitch,” he said.

If passed into law, the Bill will provide for the admissibility of any forensic material obtained through a forensic procedure carried in accordance with the law. Under the law, the “certain categories of people” include serious offenders, suspects or one who volunteers to undergo forensic procedures.

According to the draft Bill, forensic material means a sample taken from a person’s body, a crime scene, or from items linked to a crime.

Under the Bill, forensic material also means a handprint, fingerprint or toeprint taken of a person from a crime scene or items linked to a crime. Forensic material could also mean a photograph or video recording, an audio recording or a cast or impression taken from a person.

Under the Bill, forensic procedure means any process or action necessary for and related to the collection of forensic material.

 Intimate forensic procedure means an external examination of the genital and anal areas, the buttocks or breasts, or the internal examination of any part of the body, the taking of a sample of blood, urine, pubic hair or the taking of samples from a corpse.

Members of Parliament (MP) welcomed the Bill, saying they anticipated that it would drastically reduce the number of unsolved crimes. Mahalapye East, MP Botlogile Tshireletso said the Bill would, if passed into law, reduce unsolved rape cases in which suspected rapists are let off for lack of evidence.

Francistown South legislator, Wynter Mmolotsi said the Bill was timely as crime has become complex, with criminals now savvy enough to hide their trails.

On the other hand, Kanye North MP Kentse Rammidi said police detectives should be able to specialise in different crime categories so they can become forensic experts in those areas.