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Politics: ACDP says shameful that Forensics Bills not finalised in time, 24 March 2009

MEDIA RELEASE BY MR STEVE SWART, MP,
AFRICAN CHRISTIAN DEMOCRATIC PARTY 24 MARCH 2009

ACDP SAYS SHAMEFUL THAT FORENSICS BILLS NOT FINALISED IN TIME – FORENSIC INVESTIGATIVE POWERS ARE IMPERATIVE IN APPREHENSION & PROSECUTION OF CRIMINALS

* Asks why Committee unnecessarily constrained themselves by desire for implementation plan from police

* Asks is real reason why the bill delayed that Popcru oppose outsourcing of forensic needs

* Alarming that SAPS has no access to Home Affairs and Transport fingerprint data ………

In a speech in the House of Assembly today, ACDP MP Steve Swart said the ACDP is very disappointed that the forensics bill has not been finalised. Speaking on the Declaration on the Criminal Law (Forensic Procedures) Amendment Bill, Mr Swart said: “Last year, the Deputy Minister of Justice in a frank manner highlighted the many and varied challenges facing the criminal justice sector. This culminated in the establishment of the office for the Criminal Justice System Reform, which is responsible for a comprehensive review of the criminal justice system as a whole. It identified as a priority the need to strengthen the forensic investigative powers and capacity of the South African Police Service (SAPS).
South Africa has one of the highest crime rates in the world. It is irrefutable that the effective use of fingerprints and DNA evidence would help track down criminals, and once apprehended ensure that the prosecution’s case succeeds in court. More often than not criminals faced with irrefutable forensic evidence would plead guilty.
It is disgraceful that we only have 123,323 DNA profiles in a nation with such a high crime level - whilst the UK has 4 168 317 profiles. No wonder so many criminals are not apprehended. According to the DNA Project (Vanessa Lynch and Dr Carolyn Hancock), when DNA profiling is used judiciously, it provides valuable intelligence information, allowing for the earlier arrest of offenders. It also identifies individuals who commit multiple offences, identifies linked or serial crimes, allows for the exoneration of innocent suspects, can be used to identify bodies and acts as a crime deterrent.
What is more alarming is that whilst a number of government departments administer databases containing fingerprints, the SAPS has no access to the HANIS system of the Department of Home Affairs containing the fingerprints of 31 million citizens and E-NATIS system of the Department of transport, where a further 6 million thumbprints are stored? It is no wonder that in a huge proportion of cases the perpetrator remained undetected.
The Criminal law (Forensic Procedures) Amendment Bill seeks to enhance the ability to fight crime by expanding of the powers of the police to collect and store DNA samples and fingerprints, to establish a National DNA database, and to give police access to electronic databases of the Department of Home affairs and the Department of Transport. This will assist in excluding suspects and identifying perpetrators.
It is thus very clear that there was a very urgent need for this amending bill in the fight against crime – I wish to stress a very urgent need. There was additionally overwhelming public support for the bill. The bill was referred to an ad hoc committee with the specific aim of it being expedited. The fact that there was limited time is the very reason why it was referred to an ad hoc committee - to finalise it speedily.
Today we are considering a report as to why the bill was not completed in time, and frankly, the reasons given are not convincing. Madame Speaker, the ACDP is extremely disappointed that this bill was not finalised in the time allocated, given its urgent nature in the fight against crime. This particularly in view of the overwhelming public support it received.
As far back as the 18th February ANC MP Fatima Chohan stated that she believed that the legislation could be finalised in this parliamentary sitting because it was so advanced. Yesterday, during the Committee’s deliberations, various reasons were given for the delay, some of which are incorporated in the report. Again, these reasons are not compelling or persuasive.
Concerns regarding constitutional issues could have been addressed. Let us not forget that complex legislation, such as the constitutional amendment relating to Khutsong, as well as legislation disbanding the Scorpions was speedily dealt with.
We understand that another major reason was the lack of an implementation plan by the police. Why was the Committee so desirous of first obtaining an implementation plan from the police? Surely one should first pass this urgent legislation so that it could become a budget priority. Parliament could then have exercised its oversight function in requiring regular reports as to implementation, as it has done with other bills, including those disbanding the scorpions.
Reference was made to a submission by a Ms De Haas who opposes the DNA aspects of the bill. It is interesting that Ms Haas was accused by the DNA Project of having “not fully researched” the issue and making “the common mistake of confusing the retention of the DNA sample with the DNA profile”.
If we consider that we already allow the police to demand a breathalyser test or blood sample when a person is suspected of driving under the influence, then taking a swab from a person suspected of committing an offence is no more intrusive.

We fully agree with the directors of the DNA Project that “efforts to implement a technologically advanced methodology to tackle crime are being undermined by sensationalist theories that lack substance and are not properly researched.”
It is also incisive that Popcru are very opposed to certain aspects of the bill, particularly relating to possible outsourcing of forensic needs. Is this not the real reason why the bill was delayed? There seems to be no controversy regarding police accessing the extended fingerprint data base, yet that aspect is now postponed indefinitely. This is disgraceful as citizens are being daily assaulted, raped and murdered. Why couldn’t that aspect at the very least have been finalised.
The alarming high levels of crime in the nation justify these amendments which are in line with international best practice and it is shameful that they were not adopted in time.
For more information, contact Steve Swart MP, 083 285 6290
Released by Libby Norton, ACDP Media Attaché, Tel: 021 851 9554 Cell: 07 25 70 6361 Or Liziwe Ndalana, Media Liaison 08 444 00 380 / 021 403 3307 lndalana@parliament.gov.za