| (1) |
Samples for the purpose of genetic profiling must be collected in any of the following circumstances — |
| (a) |
for treatment, translocation or any other management purpose, in which case a horn and a cellular sample, such as a blood or a skin sample, must be collected; |
| (b) |
of detached horns contemplated in paragraphs 3(3) or 3(4), or obtained through the hunting of a rhinoceros; or |
| (c) |
an unlawfully killed rhinoceros, in which case, to the extent possible, a horn and a cellular sample must be collected. |
| (2) |
Subparagraph (1) does not apply if the genetic profiling in respect of a particular rhinoceros or rhinoceros horn has already been performed. |
| (3) |
The samples contemplated in subparagraph (1) must be collected by using the DNA kits as approved by the Forensic Services Division of the South African Police Service. |
| (4) |
The samples contemplated in subparagraph (1) above must be collected by the following persons— |
| (a) |
in the case of samples contemplated in subparagraph (1)(a), a— |
| (i) |
cellular sample by a veterinarian; and |
| (ii) |
horn sample by a veterinarian, or an environmental management inspector who has been adequately trained and certified in the collection of DNA samples; |
| (b) |
in the case of horn samples contemplated in subparagraph (1)(b), by the relevant environmental management inspector, who has been adequately trained and certified in the collection of DNA samples; or |
| (c) |
in the case of samples contemplated in subparagraph (1)(c), the relevant environmental management inspector or a member of the South African Police Service, who has been adequately trained and certified in the collection of DNA samples. |
| (5) |
The samples contemplated in subparagraph (1) must be sent for genetic profiling, to— |
| (a) |
a facility registered as a scientific institution in terms of the TOPS Regulations and approved by the Director-General, in the case that such genetic profiling relates to diagnostic purposes; or |
| (b) |
the Forensic Science Laboratory of the South African Police Service, in the case that such genetic profiling relates to forensic purposes; |
as soon as possible after it has been collected.
| (6) |
The facility contemplated in subparagraph (5) must record the information relating to the genetic profiling and make such information available to the Department. |
| (7) |
The costs for the genetic profiling contemplated in subparagraphs (1)(a) and (b) are the responsibility of the Department. |
| (8) |
The facility contemplated in subparagraph (5) must provide the Department with a copy of the genetic profiling report. |
Contingency Fees Act, 1997
