Implementation of Geneva Conventions Act, 2012
R 385
South African Police Service Act, 1995 (Act No. 68 of 1995)RegulationsForensic DNA Regulations, 20152. The taking of a DNA sample |
| (1) | The authorised person must supervise the taking of a buccal sample from a person who is required to submit such sample, and who requests to take the sample himself or herself. |
| (2) | The DNA reference (buccal) collection kit must be used to collect the buccal sample. |
| (3) | In the absence of a buccal sample or upon a specific request of a person from whom the sample is required, a control blood sample may be taken by a registered medical practitioner or registered nurse. |
| (4) | The personnel protective clothing provided in the DNA reference (buccal) collection kit must be worn by the authorised person when a buccal sample is collected from any person. The personnel protective clothing provided in the DNA reference (buccal) collection kit must be disposed of by placing these items in the original packaging (pouch) of the kit, which in turn must be attached to the evidence sealing bag containing the DNA reference sample. |
| (5) | A victim of a sexual offence must be taken to a registered medical practitioner or registered nurse for the medico-legal examination. |
| (6) | The appropriate evidence collection kit for examining a victim of a sexual offence must be handed to the registered medical practitioner in order to collect the forensic evidence. The investigating officer must ensure that the evidence collection kits are submitted to the Forensic Science Laboratory for forensic DNA analysis as soon as possible, but in any event within 30 days after the examination. |
| (7) | Only a registered medical practitioner or registered nurse may take intimate samples from any person. |
| (8) | The authorised person must take the buccal sample immediately after the fingerprints of the person have been taken. |
