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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

15L. Elimination Index

 

(1) The Elimination Index must contain forensic DNA profiles, derived by means of forensic DNA analysis, from a buccal sample taken from—
(a) a police official, or any other person, who as part of his or her official duties attends or processes a crime scene;
(b) a police official or any other person, who may be handling or processing or examining crime scene samples or bodily samples under this Chapter;
(c) any person directly involved in the servicing or calibration of equipment or in laboratories used in the forensic DNA analysis process;
(d) any person who enters an examination area in a forensic DNA laboratory, or processes, handles or examines crime scene samples or bodily samples, under this Chapter; and
(e) where possible, any person directly involved in the manufacturing of consumables, equipment, utensils or reagents.

 

(2) From the commencement of this Chapter, all new recruits to the Service must be required to submit a buccal sample for purposes of forensic DNA profiles derived therefrom to be included in the Elimination Index.

 

(3) The forensic DNA profiles in the Elimination Index must be stored on the NFDD and be retained, unless the profile has been migrated to another Index or is no longer required.

 

(4) A person referred to in subsection (1) may apply, in the prescribed manner, to have his or her profile removed from the Elimination Index when it is no longer required.

 

(5) Nothing in this section prohibits the forensic DNA profile derived from a sample taken from any person mentioned in subsection (1) or (2) to be subjected to a comparative search for purposes referred to in section 15F.

 

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