(Debate in Parliament: Criminal Law (Forensic Procedures) Amendment Bill)
The Criminal Law (Forensic Procedures) Amendment Bill is a good piece of legislation with the potential to protect women and children in particular, but it will mean nothing if it is not effectively enforced.
The Bill was drafted back in 2009. But at the time, the ANC decided that the fingerprint and forensic sections of the law must be separated.
The Bill that specifically deals with forensics was only finalised in 2013 and only in 2015 did the Minister issue the regulation to enforce the law in terms of which criminals would be obligated to submit DNA samples for a database.
In 2017, however, it changed again. And now it is 2022, and one cannot help but wonder why it has taken the government 13 years to amend this law relating to compulsory DNA samples.
During this time, the government has failed the women and children who were victims of sexual offences.
Another important question is how long it will take before this legislation fully comes into effect? Parliament was informed of 100 000 criminals who are still on the streets due to a lack of action on government's part.
At present, there is a backlog with DNA samples in approximately 200 000 cases.
So, even though the legislation is good, it is no use to mislead the public about the protection it could offer if it is not effectively implemented in practice.
This country has good legislation against crime, but it means nothing if it is not effectively enforced. There are too many media reports about sexual assault victims who live in fear because their attackers are still at large. The system is failing them.
The administration surrounding the implementation of legislation is causing frustration. The system is collapsing and criminals are the ones who benefit.
It must be turned around and the responsibility to do so rests squarely on the shoulders of the government of the day.
