Statistics Act, 1999
R 385
South African Police Service Act, 1995 (Act No. 68 of 1995)RegulationsForensic DNA Regulations, 20202. Taking of buccal sample |
| (1) | Any office or place that is private and out of sight and hearing of other persons, may be used as a place where a buccal sample may be taken. |
| (2) | Subject to the provisions of this regulation, an authorised person may— |
| (a) | take a buccal sample from a person contemplated in sections 36D(2) and 36E(1) of the Criminal Procedure Act; and |
| (b) | supervise the taking of a buccal sample from a person contemplated in paragraph (a) who requests to take the sample himself or herself. |
| (3) | A DNA buccal collection kit must be used to collect the buccal sample. |
| (4) | An authorised person must take the buccal sample immediately after the fingerprints of the person have been taken. |
| (5) | The personal protective clothing provided in the DNA buccal collection kit must be— |
| (a) | worn by the authorised person when a buccal sample is collected; and |
| (b) | disposed of by placing these items in the original packaging of the kit, which in turn must be attached to the evidence sealing bag containing the DNA buccal sample. |
| (6) | A registered medical practitioner or registered nurse may take a buccal sample upon the request of a person who is required to submit such sample. |
| (7) | The investigating officer must inform the person from whom a buccal sample was taken if his or her forensic DNA profile derived from the buccal sample is removed from the NFDD in accordance with the provisions of Chapter 5B of the Act. |
