Hon Chair, Ministers, Deputy Ministers, Members of Parliament, I greet you all.
I am going to talk about indices. We've got five types of indices: a crime scene index; an arrest index; a convicted offender index; an investigative index; an elimination index; and, additionally, the missing persons and unidentified human remains index.
Kuyomele-ke wonke amaLungu ePhalamende, hhayi amaphoyisa kuphela abambe iqhaza kulo Mthethosivivinywa wezinhla zolibofuzo oluthathwa kulezi ziga, sonke siwazi. Kungathi uma ilungu lomphakathi likubuza, uphendule uthi usazoke uyobuza ukuthi bathini kuleli komidi, kumele nazi ukuthi kuthiwani ngalo Mthethosivivinywa. Ukwazi ukuchaza uhla ngalunye njengoba esewonke eyisithupha. Kodwa-ke, ngoba yinyanga yamakhosikazi ngizogxila kakhulu ezindabeni ezithinta amakhosikazi. (Translation of isiZulu paragraph follows.)
[It would mean that all the Members of Parliament, and not only the police, should take part in this DNA Bill and the processes that are followed when samples are taken at these scenes. We must be familiar with these processes so that when a member of the public asks us about it, we would not respond by saying that we will first consult with the members of the committee to ask them what they are discussing insofar as this issue is concerned. You must understand what this Bill is all about. You must be able to fully explain each of the six indices. But because this is Women's Month, I will focus on the issues affecting women.]
The Criminal Law (Forensic Procedures) Amendment Bill, commonly known as the DNA Bill, makes several advances towards improving the fight against crimes committed against women and children, predominantly in terms of sexual offences. Deoxyribonucleic acid evidence has become a critical tool for police investigations and the prosecution of sexual assault cases, both nationally and internationally.
The DNA evidence can be used to prove that a sexual assault occurred and, importantly, to show that the alleged offender is the source of the DNA left on the victim's body. The DNA evidence has proven valuable in solving sexual offences, especially those in serial rape cases. The DNA Bill will further empower the SAPS to use DNA evidence more effectively and it legislates for the taking of DNA samples from suspected offenders.
In this respect the DNA Bill provides that buccal samples must be taken of any person whose name appears on the national register for sex offenders.
Hhayi noma ngubani nje! [Not just anyone!]
That person will be tracked, as the hon Van Wyk has already mentioned. We take great pride in this provision as it will serve as a valuable tool for detectives when investigating sexual offences. As the Minister has already said, no one will be forced, but the process and procedures will be followed.
Singakutholi-ke sewuthi, sengifikile, ngizwile ukuthi wena awufuni nesampula lakho le-DNA, woza la ngithathe isampula le-DNA noma izinwele zakho ukuze ngizihambise. Cha, akusebenzi kanjalo! (Translation of isiZulu paragraph follows.)
[We don't want to hear you saying, Here I am, I heard that you refuse to provide your sample for DNA testing, come, let me get that DNA sample - it can be hair or anything - so that I can take it to the laboratory. No, it does not work like that!]
The DNA Bill also provides that a buccal sample must be taken by an authorised person, who is of the same gender as the person from whom such a sample is required, with strict regard to decency and order. This means that only a female officer may take the DNA of another female person.
Singatholi ubaba esemile ethi: Wena nkosikazi kudala ngabona ukuthi uyangijwayela. Bafuna isampula le-DNA kepha uyala nalo. Sengifikile, woza ngapha ngizokulungisa. Ayisebenzi kanjalo! Noma ngabe uyiLungu lePhalamende ungabasabisi abantu ubatshele ukuthi ufuna ukubalungisa. Kanjalo nomama, kukhona abazofika sebethi wena baba ngifuna isampula le-DNA yakho, ngizwile ukuthi awufuni nalo. Woza ngapha, ngiyithathe! (Translation of isiZulu paragraph follows.)
[We don't want to find a husband saying: Wife, I have realised a long time ago that you take me for granted. The authorities want a sample of your DNA and you refuse to provide it to them. I am here now, come here so that I can deal with you. It does not work like that! And even if you are a Member of Parliament, you are not supposed to threaten people by telling them that you are going to deal with them. This includes women; some would say: Husband, I want your DNA sample, I heard that you refuse to provide it. Come here, let me take it!]
Females will deal with females and males will deal with males.
Ihamba kanjalo nje! [That is just how it is done!]
Clause 5 of the DNA Bill provides for the insertion of a new schedule 8 in the Criminal Procedure Act, Act 32 of 1977. This new schedule includes the rape or compelled rape, as contemplated in sections 3 and 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, Act 32 of 2007.
It also includes sexual assault, compelled sexual assault or compelled self- sexual assault, as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, Act 32 of 2007; and any sexual offence against a child or a person who is mentally disabled, as contemplated in Part 2 of Chapter 3 or the whole of Chapter 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act.
The Bill also provides that buccal samples be taken from alleged perpetrators before their appearance in court to be formally charged for any offence referred to above, and that once an alleged sexual offender is convicted of a sexual assault, his or her DNA profile will be stored in the NRSO database indefinitely.
Asizukufuna-ke isampula le-DNA kungakayiwa enkantolo. Kuzofunwa isampula le- DNA sekuqediwe enkantolo. Akuzukusho wena ukuthi bakhona abaqeqeshelwe ukwenza lo msebenzi, okuyibona abazosho-ke ukuthi kuyiwa enkantolo nje uqedile - selithathiwe isampula le-DNA yakho kuqediwe. Njengoba sesishilo, hhayi ngendluzula! Kepha uma ngabe uthi wena awufuni kuthathwe isampula le- DNA, zikhona izindlela ezilandelwayo ezisemthethweni. Hhayi ngendluzula! (Translation of isiZulu paragraph follows.)
[We won't ask for a DNA sample before we appear in court. The DNA sample would be requested after the court processes have been completed. It's not you who should say that there are people who are trained to do this job, who would then say that we have already appeared in court - the DNA sample has been taken and it is done. As we have already stated, it should not be done by force! But if you say you don't want your DNA sample to be taken, there are legal routes that will be followed to take it. It won't be done by force!]
The DNA Bill considers the fight against crime against women and children as of the utmost importance. I am confident that this legislation will ensure that those guilty of sexual assaults and rape will be caught and convicted more effectively with the assistance of this legislation.
Sonke-ke njengamaLungu ePhalamende masiphume seseke lo Mthethosivivinywa ukuze ube yimpumelelo. Masilekelelane, singabheki amaphoyisa ukuthi awenzile yini umsebenzi sibe singawenzanga umsebenzi wethu. Asisebenzisane. Ngiyabonga, Sihlalo. [Ihlombe.] (Translation of isiZulu paragraph follows.)
[All of us, as Members of Parliament, must come out and support this Bill in order for it to be a success. Let us assist one another, and not just look at the police to see if they have done their work while we haven't done ours. Let us work together. Thank you, Chairperson. [Applause.]]