ATC210318: Report of the Portfolio Committee on Police on the appointment and introduction of the National Forensics Oversight and Ethics Board (DNA Board) dated 17 March 2021

Police

Report of the Portfolio Committee on Police on the appointment and introduction of the National Forensics Oversight and Ethics Board (DNA Board) dated 17 March 2021

 

1.         Introduction

The Criminal Law (Forensics Procedures) Amendment (Act 37 of 2013) came into effect on 31 January 2015.In terms of section 15 V (5) of the Criminal Law (Forensic Procedures) Amendment Act, 2013 (Act No 37 of 2013), the Minister of Police must appoint a National Forensics Oversight and Ethics Board (DNA Board) and report to Parliament within 14 days of its appointment.  

2          Composition of the Board

Section 15 V (2) provides for the Minister to appoint a Board of not more than ten persons for a period of not more than five years on apart time basis and drawn from the following areas:

Five persons from outside the public sector with knowledge and experience in forensic science, human rights law or ethics relating to forensic science;

Four persons must be from the public sector on the level of at least Chief Director and must be made up of:

1.         Secretary of Police or his or her representative;

2.         Representative of the Department of Health who has knowledge in the field of DNA;

3.         Representative of the Department of Justice and Constitutional Development who           has a sound knowledge of constitutional law; and

4.         A representative of the Department of Correctional Services

The Minister must appoint a chairperson of the Board who is a retired judge or a senior advocate with knowledge and experience in the field of human rights; and a deputy chairperson from the remaining members of the Board.

3.         Appointment of the Board

On 08 October 2020, the Minister of Police wrote to the Speaker of the National Assembly and the Chairperson of the National Council of Provinces to table the appointment of the second DNA Board as stipulated in section 15V(5) of the Act. The Speaker published the notice of appointment in the ATC No. 145-2020 on 14 October 2020 and referred such to the Portfolio Committee on Police. The Board consists of nine persons who have the necessary experience in forensic and law. The Members are:

Four persons from the public sector:

1. Adv. L Nkosi-Thomas (Chairperson)

2. Mr AP Rapea (Secretary of Police)

3. Mr NL Mthethwa (Department of Correctional Services)

4. Mrs AA Grove (Department of Health)

 

Five persons from the private sector:

1. Mr D Morema (Nkuli Investigators)

2. Dr K Ehlers (University of Free State). This is the second term for Dr Ehlers.

3. Mr R Sono (Dean of Faculty at Heritage of Faith Bible Institute)

4. Dr N Myeza (Sasol)

5. Adv. R Rawat (Adv. High Court)

The Minister introduced the Board to the Portfolio Committee on Police on 2 February 2021 and the Committee welcomed the new Board and wished them well for their term.

 

Report to be considered.