A repeat offender rapist is behind bars for the rest of his life because his buccal sample linked him to a Diepsloot rape case in 2017.
“We are hopeful that we will see more rapists and murderers end up in prison because of mandatory buccal samples, ” said Ian Cameron, director of community safety at Action Society. “It is an example of how the DNA Bill effectively supports justice for victims.”
Section 36D(1) of section 2 of the Criminal Law (Forensic Procedures) Amendment Act commenced on 31 January 2022. Accordingly, the proclamation brings into effect that the SAPS must take buccal samples of all persons arrested and formally charged on a schedule 8 offence.
The Randburg Magistrates’ Court sentenced Mandulo Moyo to life imprisonment after being apprehended for a second Diepsloot gang rape, just a month after the first incident. The forensic laboratory matched his buccal swab results with the DNA evidence gathered from Lerato Nkobolo’s rape.
Action Society wants to reiterate the call to President Ramaphosa to urgently sign into law the Criminal Law (Forensic Procedures) Amendment Bill. As it stands, 96 785 violent crime offenders have been released on parole since 2016 without submitting a DNA sample and therefore have not been included in the National Forensic DNA Database (NFDD).
The DNA Bill, as it is also known, will allow the police to take the buccal samples of imprisoned schedule 8 offenders outside the initial two years stated in the Act and include an enforcement provision. In addition, the amendment enables authorities to use minimum force (to ensure compliance) if a person refuses to have a buccal sample taken.
“Convicted offenders use this legal loophole to refuse their buccal samples being taken,” said Cameron. “Many thousands of samples that would be invaluable in the fight against crime are not being included in the NFDD. Each passing day compounds the situation. The president must urgently finalise the DNA Bill.”
