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South African Police Service Act, 1995 (Act No. 68 of 1995)

Chapter 5B : Establishment, Administration and Maintenance of National Forensic DNA Database of South Africa

15AD. Regulations

 

(1) The Minister must make regulations regarding all matters which are reasonably necessary or expedient to be provided for and which must be followed by all police officials or members of the Independent Police Investigative Directorate, referred to in the Independent Police Investigative Directorate Act, in order to achieve the objects of this Chapter, including the following:
(a) The requirements for the suitability of areas to be designated in terms of section 36A(5)(b) of the Criminal Procedure Act;
(b) the manner in which to secure a crime scene for the purposes of collecting crime scene samples;
(c) the manner in which to safely preserve and ensure timely transfer of collected samples to the forensic science laboratories;
(d) the manner in which to request access to information stored on the NFDD;
(e) the manner in which DNA samples must be destroyed;
(f) the manner in which complaints must be lodged to, and assessed by, the Board;
(g) the application process for access to the forensic DNA profile and crime scene sample for exoneration purposes;
(h) the process to be followed by the Minister in the appointment, suspension and removal of members of the Board;
(i) the process to be followed with regard to the destruction of DNA samples and the removal of forensic DNA profiles derived therefrom;
(j) the requirements for the taking of buccal samples in a designated area; and
(k) the development of strict protocols and training relating to familial searches.

 

(2) The Minister may make regulations regarding—
(a) any matter which is required or permitted by this Chapter to be prescribed; and
(b) any administrative or procedural matter necessary or expedient to give effect to the provisions of this Chapter.

 

(3) A regulation made under subsection (1) may prescribe a fine or a period of imprisonment for a maximum of five years for any contravention thereof or failure to comply therewith.

 

(4) The regulations contemplated in subsection (1) must be tabled in Parliament for notification within six months after the commencement of this Chapter.

 

[Section 15AD inserted by section 6 of Act No. 37 of 2013]