10 Jul 2014

Legislators took turns to applaud Minister of Defence, Justice and Security, Mr Dikgakgamatso Seretse after he presented the Forensic Procedures Bill in Parliament on July 9.

Presenting what members of Parliament termed the long awaited piece of legislature, the minister said it provided for the taking of forensic samples on certain categories of persons especially those charged with an offence.

“Currently the law does not permit the performance of certain forensic procedures on certain categories of persons.The Criminal Procedure and Evidence Act (CAPP 08:02), provides for the admissability of certain kinds of evidence, but does not make provision for evidence obtained from forensic procedures performed on certain categories of persons,” he said.

Mr Seretse told Parliament that the bill varied the common law practice that a person accused of an offence should not incriminate himself or herself.

He added that it provided for the processing of crime scenes using scientific investigation techniques and analysis such as DNA, the collection and processing of samples relevant to a given crime scene as well as the creation of databases to assist in current and future criminal investigations.

He said this included the establishment of the National DNA Database. The minister explained some clauses to the House.

He noted that clause 3 -13 provided for the procedure for the ordering and carrying out of forensic procedure, procedure for giving of consent to forensic procedure, withdrawal of consent to forensic procedure and regulations on medical standards.

Some of the clauses the minister touched on were clauses 14 to 18 which provided for the handling of forensic material while clauses 37 to 47 deals with general matters such as designation of forensic laboratories to carry out forensic analysis, qualifications of private analysts amongst others. ENDS