House Chairperson, the Criminal Law (Forensic Procedures) Amendment Bill that we are discussing today and which is sometimes referred to as the DNA Bill, fulfils the commitments made by the ANC in its election manifesto during the 2009 national and provincial elections when we said that the fight against crime would be intensified; that we would actively combat serious and violent crimes by being tough on criminal and organised syndicates; that we would increase the capacity of the SAPS through equipping and increasing the capacity of, especially, the detective services, forensics and prosecution; and that we would combat crimes against women and children.
This Bill further gives practical meaning to the commitments which the ANC has made and continues to make. The Bill provides for an oversight and ethics board whose responsibility will be to advise the Minister of Police, oversee the use of DNA evidence and handle complaints.
The work of the board will include making proposals to the Minister of Police on the improvement of practices and oversight processes in relation to the collection, retention, storage, destruction and disposal of DNA samples; the retention and removal of forensic DNA profiles; familial searches; and any breach in respect of the taking, transporting, analysis or storage of DNA samples, including security breaches.
The board will also deal with complaints regarding any alleged violations in relation to possible abuse of DNA samples and forensic DNA profiles, as well as security breaches. The members who serve on the board will be appointed by the Minister.
The board will be comprised of 10 members, five of whom should not be working in the public sector and should have experience in forensic science, human rights law or ethics which relates to forensic science.
In addition, a representative of the South African Human Rights Commission has to serve on the board. The chairperson of the board should either be a retired judge or a senior advocate who has knowledge and experience in the area of human rights.
The board will be funded from the budget of the Civilian Secretariat for Police and is required to meet on a quarterly basis at the very least. The Bill also provides for an oversight role by Parliament, which includes the submission of reports by the SAPS National Commissioner, the Executive Director of the Independent Police Investigative Directorate and the board itself.
In addition, after five years the Minister of Police will be required to submit a report to the National Assembly indicating whether any amendments need to be made to the Act that would assist in improving the functioning of the national forensic DNA database as well as the use of forensic DNA evidence used in fighting crime. Thereafter, the Minister of Police will be required to submit a report every three years. The Bill also ensures that the use of DNA in solving crimes will be controlled and will not be open to abuse.
By supporting this Bill today, all of us in the House are sending out a very clear message to the citizens of South Africa that both the ANC and the government are very serious about reducing crime levels and ensuring that those who commit crimes are caught and convicted.
There are many examples of how DNA has been used in solving crimes here in South Africa. In 2002, for example, by using DNA profiling for six people, who had been accused of brutally raping a nine-month-old baby girl, were exonerated and the actual perpetrator was identified.
In another case, a pair of twin babies, who were found apparently abandoned in a taxi, was reunited with their parents through the use of DNA profiling.
Internationally, canine and feline databases have been established. In 1996 a DNA fingerprint was found on the hairs of a cat. The hairs were lodged in the curtain at the crime scene and were matched to those found on the owner of the cat, who then turned out to be the suspect and was successfully convicted. This actually proves the power of using DNA to solve crimes.
The second message that we are sending out is directed at criminals and potential criminals. They should know that the potential of committing crime and not getting caught is narrowing and will get even narrower with the passing of this Bill.
We want to ask the SAPS to ensure that our men and women in blue are well trained in the use of DNA in the fight against crime. We also ask that they use this tool effectively and efficiently. After we have passed this Bill and the President has enacted it, it will strengthen the hand of the SAPS in tracking down criminals and ensuring that they are successfully convicted.
In conclusion, I want to correct one or two things that were raised by my dear colleague, the hon Kohler-Barnard. Firstly, regarding the taking of DNA samples from police officers, the ANC indeed wanted all police officers to give DNA samples. But we cannot do this because of the legal opinion of the state law advisors who said that we can only start doing it with the new recruits.
That is what I want to correct. It's misleading to come here and say that the ANC didn't want that.
Secondly, regarding the appointment of the board, the hon Kohler-Barnard comes here and makes a statement about her proposal for the formation of the board. What she doesn't say is that during the committee sittings and the hearings nobody supported her proposal. So what does she expect?
The last point that I want to raise is that it is factually incorrect to come here and say that this Bill was left lying in the office of the Minister. It is incorrect. To remind the hon Kohler-Barnard, when this Bill was presented to the Portfolio Committee on Police around 2009 and early 2010, the committee took a decision to split the Bill in order to firstly deal with the fingerprint issues.
Thereafter the committee, accompanied by the police, went on an oversight visit or study tour to Canada and to the United Kingdom in 2011. Only then were we able to give information regarding the findings that we had been able to make. We were then able to share what we had observed and learnt with the SAPS and the Minister.
We are now in 2013, and that was 2011. During the course of 2012 the department was then actively putting together this complex piece of legislation. Therefore, to come here and say to us that this Bill was left lying, that the ANC is not serious and that the Minister is not serious, is factually incorrect.
I would like to suggest that the hon Kohler-Barnard stop being economical with the truth because it is wrong. We should be factual. The ANC supports this Bill.