| DNA Database a Vital Tool in the Fight Against Crime |
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DNA Database a Vital Tool in the Fight Against Crime
In the ongoing fight against the growing and sometimes out of control crime wave that has struck and continues to strike South Africa the use of advanced technology may offer the country a key to being able to address the current huge case backlog and speed up the process of apprehending, prosecuting and convicting repeat offenders.
Forensic science has been used in linking and solving crimes since around 1901 when fingerprinting was used to track offenders. A science which has been used extensively across the world has been that of Deoxyribonucleic acid (DNA) profiling. DNA evidence is generally collected from saliva, blood, semen or perspiration, However, DNA could also be collected from epithelial cells from the skin.
The DNA profiles of suspects may be compared with DNA found at a crime scene while unknown DNA at a crime scene could be scanned against a DNA database of known suspects. The database forms a list of DNA profiles of suspects as well as convicted offenders. A match or a hit may serve to identify the correct or new suspect.
DNA databases across the world tend to be motivated by the fact that:
South Africa does indeed have a DNA Database currently but there are plans to extend the reach of the database across the country on a nationwide scale. Former South African Police Service (SAPS) Provincial Commissioner DDG, Andre Beukes and Pasco Risk Management Associate says that a DNA Database will be instrumental and crucially important in assisting police officials in being able to swiftly and effectively solve criminal cases.
“It should be regarded as an important tool to aid law enforcement officials in the ongoing fight against crime” added Beukes.
Legislation
The Bill aims to strengthen the powers and ability of the SAPS in combating crime by expanding their ability to capture DNA finger prints and profiles from samples. In addition it allows for the establishment of a DNA database, which is expected to integrate with the existing SAPS fingerprint database and the digital capture of fingerprint data using advanced biometric technologies.
However, the Bill will also serve to curb police powers, as the acquisition and storage of non intimate DNA samples and profiles may only be carried out by registered medical practitioners.
At the core of this notion is the process and consideration of identity management which would pass constitutional scrutiny ensuring that the fundamental rights of the individual are upheld.
Integration
In addition the DNA Database will be integrated with the Department of Home Affairs online system known as Hanis as well as the Department of Transports systems known as e-Natis.
In time its planned that further integration with other government department would take place.
Costs
The estimated total cost of the establishment of the DNA Database by the SAPS is expected to be around ZAR9 billion, however the various delays in the implementation of the system and the expected additional cost could see the final budget land up higher than anticipated.
Thus far the budget breakdown has been ZAR3 billion for the upgrade of crime scene and reference sample collection capacity, ZAR2.5 billion for the expansion of the fingerprint database and ZAR2 billion for collection from private laboratories over a period of five years, with the remainder of the funding allocated to the integration of systems.
An issues that has been highlighted has been the possibility of outsourcing the administration of the national DNA Database. The outsourcing would assume the guise of a technology and software related environment which would alleviate the capacity issues currently highlighted by the SAPS.
However, the Police and Prisons Civil Rights Union (Popcru) have said that they are in favour of the SAPS retaining the capacity as part of their core functions under the SAPS Criminal record and Forensic Science services Division (CR and FSS). The division currently administers and maintains the Automated Finger print Identification Systems (AFIS) which according to Popcru should manage the National DNA Database.
Delays
The recent delays in the development and implementation of a DNA Database are reported to have been the interdepartmental integration of services. In addition the SAPS have come out in favour of delaying the proposed legislation with an eye to developing the capacity in phases.
DNA Database Risks
“However, the implementation of the DNA Database in South Africa carries a variety of risks the first relates to the custody of evidence and the related knock on effect on the all important chain of evidence,” cautioned Beukes.
In terms of the current proposals the SAPS are expected to be the custodians of the DNA Database but the possibility of outsourcing the database is a concept being considered by the South African government. However, should the database become the domain of another privately run entity there is a risk that the chain of evidence may come into question, creating a loophole which will serve to only work against the current crime fighting initiatives. “The integrity of evidence should not be comprised at all costs,” concluded Beukes.
Richard Hurst – Senior analyst Pasco Risk Management Johannesburg |
At the heart of the South African development of the envisaged DNA database is the Criminal Law (Forensic Procedures) Amendment Bill of 2009 which when passed has been designed to ensure that every person arrested for alleged offences as well as those convicted will have their DNA profiles loaded onto a national database.
Technology should be seen by the South African criminal justice systems as one of the key enablers to place the forces of good ahead of the curve for once.
