Protection of Businesses Act, 1978
R 385
South African Police Service Act, 1995 (Act No. 68 of 1995)RegulationsForensic DNA Regulations, 20155. Conducting of comparative searches |
| (1) | The administration, maintenance and comparative searches on the NFDD must be conducted independently of the analysis, custody and disposal of DNA samples by competent forensic examiners attached to the Quality Management Component in the Division: Forensic Services. |
| (2) | Examiners in the Forensic Science Laboratory must ensure that the following information is captured on the appropriate information technology system utilised to manage the analysis of bodily samples: |
| (a) | the barcode of the buccal sample; |
| (b) | the station and CAS/ICDMS number, where relevant; |
| (c) | whether the buccal sample was taken from: |
| (i) | a child; |
| (ii) | an arrested person; |
| (iii) | a person convicted of an offence; |
| (iv) | a person who is under investigation, but not arrested and with his or her informed consent or authorised in accordance with section 36E(2) of the Criminal Procedure Act; |
| (v) | a police official, or any other person, who as part of his or her official duties attends or processes a crime scene; |
| (vi) | a police official or any other person, who may be handling, processing or examining crime scene samples or bodily samples for forensic analysis; |
| (vii) | a person directly involved in the servicing or calibration of equipment in laboratories used in the forensic DNA analysis process; |
| (viii) | a person who entered a forensic DNA laboratory; |
| (ix) | a contractor or supplier directly involved in the manufacturing of consumables, equipment, utensils or reagents; |
| (x) | the victim of the offence; or |
| (xi) | a family member of a missing person or unidentified human remains; and |
| (d) | whether the bodily sample or crime scene sample is from— |
| (i) | a missing or unidentified person; or |
| (ii) | unidentified human remains. |
| (3) | The NFDD system, or the casework system (until the NFDD system is available), must be used to conduct comparative searches to identify potential forensic DNA leads. Potential forensic DNA leads must be verified by competent forensic examiners from the NFDD before forensic DNA leads are reported to investigating officers. |
