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It's crucial that Parliament adopts the Criminal Law (Forensic Procedures) Amendment Bill. Kaylynn Palm explains why.
Three years - more than 36 months and over 1 000 days. That is how long it is taking to approve South Africa's Criminal Law (Forensic Procedures) Amendment Bill.
This bill is crucial in combating crime, but over recent months or even years, there seems to be no urgency from the government to approve it. This was evident more than a week ago when Parliament's Police Committee postponed the adoption of the bill. However, after giving no reasons to the public as to why it was postponed, there was a change of heart from parliamentarians. Just last week, we heard that all clauses and sections applicable to the bill had been approved, and the final approval is scheduled for next week before moving forward for Parliamentary approval.
The bill states that DNA samples must be taken from all convicted schedule 8 offenders, which includes rape, murder, human trafficking, robbery, and culpable homicide. The expectation when taking these samples before a court date is set ensures an increase in the success of the prosecution rate, and assists law enforcement in clamping down on perpetrators.
Massive impact on cold cases
So how does this all work? These DNA samples will populate the National Forensics DNA Database and will have a massive impact in solving cold cases, identifying repeat offenders and assisting in successful prosecutions of rapists and murderers.
One example of the effectiveness of the national database is the case of Sikhangele Mki in the Western Cape High Court in 2016. His DNA was taken after he was convicted on a charge of assault.
The serial rapist attacked women and children in Delft and Khayelitsha between 2011 and 2015. Nine of his victims were under the age of 16, while the youngest was 11.
Now, this matter, in particular, illustrates the potentially fatal consequences if there is a failure to implement the Convicted Offenders Index of the database.
READ | SAPS' DNA backlog grows to almost 240 000 cases
During 2016, after matching reports on the DNA database, 26 cases of rape were linked to a single perpetrator. His buccal sample was included in the Convicted Offenders Index, as a new entrant, and he was then linked to the DNA obtained as a consequence of these rapes. Mki pleaded guilty to 12 counts of robbery with aggravating circumstances, six counts of attempted robbery with aggravating circumstances, three counts of attempted robbery, two counts of robbery, four counts of assault with intent to do grievous bodily harm, 27 counts of kidnapping and 30 counts of rape. He was sentenced to 15 terms of life imprisonment and to 12 terms of ten years' imprisonment.
South Africa is a country that is notorious for its high levels of gender-based violence - and this is reflected year after year in the crime statistics.
The SAPS quarterly crime statistics released in February 2022 showed that 11 315 people were raped between October and December 2021. The statistics also shows that over 120 women were raped each day in South Africa and more than five women raped every hour.
Lack of resources
There are hundreds of organisations countrywide trying their utmost best to deal with this secondary pandemic, but due to the lack of resources there's only so much they can do.
On the Cape Flats, community-based organisations are working tirelessly on the ground to assist women and children who are survivors of abuse. Even with minimal resources, they run programmes, workshops, and deliver important services to treat, and prevent violence against women and children. On the other hand, community structures such as neighbourhood watches and street committees patrol areas with high crime rates and gang-infested areas at night as well as the early hours of the morning (at no cost). These soldiers (my term) keep their communities, the elderly and children (our nation's future leaders) safe. They keep them safe from physical, sexual and emotional harm.
These groups fighting for an end to gender-based violence have drawn up petitions, sent letters and have taken to the streets in protest year after year to have their voices heard, and for government to take action.
It's 2022, and sadly not much has been done as these calls are falling on deaf ears yet again. Years later, following delays and good excuses to not approve the bill means that thousands of innocent people will be denied justice, and sadly more women and children will be murdered, raped and sexually assaulted.
The GBV stats are already high, and the longer politicians sit on their hands, delaying the approval of this bill, more victims of GBV and other violent crimes will go without justice.
We call on government yet again, for less talk and more action. Well, let's hope this week there's some real action.
- Kaylynn Palm is the Gender-Based Violence case oversite coordinator at Action Society. She is a journalist by trade, fighting for justice for victims of GBV.
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