The Criminal Law (Forensic Procedures) Amendment Act, 2013 (Act no 37 of 2013), commonly referred to as the DNA Act, provides various safeguards to protect the misuse of buccal samples, body samples and the forensic DNA profiles derived from them.

Who may take buccal samples and when may they be taken?

• Buccal samples may be taken from arrested and charged persons. An authorised person - trained police official - will take the buccal sample or it may be taken under the direct supervision of an authorised person.
• Buccal samples may be taken from a person who has not been arrested and charged for investigative purposes, provided consent was given or by court order.
• An authorised person must take the buccal sample immediately after the fingerprints of the person have been taken.
• Any office or place that is private, out of sight and hearing of other persons, may be used as a place where a buccal sample may be taken.
• The buccal sample must be taken in the presence of a witness who must countersign the collection form.
• The victim of a sexual offence must be taken to a registered medical practitioner or registered nurse for the medico-legal examination.
• Only a registered medical practitioner or registered nurse may take intimate samples from any person.

A person may request the authorised officer in writing to confirm whether his or her forensic DNA profile is contained in the National Forensic DNA Database of SA (NFDD), provided that the person must first apply for a police clearance certificate. Read more
The criminal record, if any, must be attached to the application.

DNA reference samples and buccal samples must be destroyed within 30 days after obtaining a forensic DNA profile or after the sample has been processed by the SAPS’s Forensic Science Laboratory. Buccal samples must be disposed of in medical waste containers, and must be incinerated.

A person who wishes to have his or her forensic DNA profile removed from the NFDD, must apply for a police clearance certificate to confirm that he or she has no criminal record.  The police clearance certificate that indicates that the person has no criminal record, must be attached to the written application for the removal of the forensic DNA profile.

The application must indicate the -

• complete details of the applicant
• reason why the buccal sample was originally obtained from the person
• relevant station and CAS/ICDMS number of a forensic DNA profile that was derived from a buccal sample that was taken in respect of the investigation
• reason why the applicant wants the forensic DNA profile removed from the NFDD.

Lodging of complaints to the National Forensic Oversight and Ethical Board

A complaint may be lodged by a person who -

• has knowledge, or becomes aware, of any violation relating to the manner in which a DNA sample or forensic DNA profile is or has been handled
• is affected, or likely to be affected, by the action, omission or decision of the NFDD relating to the manner in which a DNA sample or forensic DNA sample is or has been handled
• has knowledge, or becomes aware, of any breach of security relating to -

(i) the safe transportation or storage of a DNA sample
(ii) the safe transportation or storage of a forensic DNA profile
(iii) the physical security of the NFDD
(iv) any other matter that breaches, prejudices or compromises the proper management of DNA samples, forensic DNA profiles or the integrity of the NFDD

• has knowledge of unethical conduct by an employee in the exercise of any function of the NFDD, or is affected by unethical conduct
• has knowledge of unethical conduct by an independent provider in the provision of services in terms of an arrangement with the NFDD.

A complaint may be made by a person acting on behalf of a person mentioned above who -

• is a child
• is unable to make the complaint himself or herself because of physical disability
• has requested a representative to act on his/her behalf.