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Criminal Law (Forensic Procedures) Act Under the Spotlight

January 14, 2022

The Presidency

Section 2 of the Criminal Law (Forensic Procedures) Amendment Act of 2013 will come into effect on 31 January 2022.

The presidency published Proclamation 48 in Government Gazette 45739.

The act, with the exception of section 2, came into effect on 31 January 2015.

It was signed at the beginning of 2014.

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

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.

Section 2 comes into effect to the extent that it inserts section 36D (1) in the Criminal Procedure Act of 1977.

Section 36D (1) focuses on powers in respect of buccal samples, bodily samples and crime scene samples.