SAPS DNA crisis: Thousands of criminal cases at risk of collapse

The South African Police Service (SAPS) has again faced a large backlog of DNA samples, which threatened the criminal justice system. 

The backlog has once again spiralled out of control and now exceeds 140 000 cases. 

This, according to a report, resulted in criminal cases being withdrawn from the court roll. 

This also means that the rights of victims of crime are not protected, and their safety is compromised as they continue to live in the same surroundings with the perpetrators. 

Police Portfolio Committee chairperson, Ian Cameron, said this perpetual crisis happens despite the concerted efforts made by the 6th Parliament committee and assurances that the situation was improving and that the backlog would be erased. 

Cameron said this was a direct threat to an effective criminal justice system that can process and prosecute criminals and combat gender-based violence (GBV).

“It is inconceivable that despite various interactions and interventions, as well as reprioritisation of funding to resolve the backlog and ensure scientific-based prosecution of cases, the backlog remains stubbornly high, which will lead to the removal of cases from the court's roll. Those in positions of authority must be held accountable for this mess, as it represents a clear case of dereliction of duty,” Cameron said.

Asked what steps have been taken by Police Minister Senzo Mchunu, spokesperson Kamogelo Mogotsi said there were a number of key enablers which have been identified by the Ministry as critical tools in the fight against crime and the attainment of effective and efficient policing. 

Mogotsi said one of the key enablers that they have identified as the Ministry is the improvement of forensic services and “we are addressing the shortcomings which have resulted in the backlog of DNA processing”.

The backlog, according to Cameron, means that thousands of victims might never see the justice they are entitled to, while violent criminals remain free to continue terrorising innocent people.

Cameron said the committee has always maintained that DNA evidence represents the only lifeline for rape survivors and other victims of violent crime, yet the SAPS’s continued mismanagement of forensic services has created an environment where justice is delayed, denied, and outright sabotaged. 

The report revealed that a microscope was currently used for spare parts to service other machines. Instruments and machines have been out of order since 2020 and require servicing and maintenance.

It has also been reported that some instruments and machines were not being used in the environment due to new technology requiring updated software operation. 

The report also revealed that there was insufficient space to store case files, which resulted in some files being stored in the corridors. 

The safe rooms were extremely full, and exhibits were falling off the shelves to the point where one was required to wear a helmet as a safety measure. 

Cameron said that despite assurances to Parliament, it was concerning that service contracts for forensic equipment have expired, meaning that vital instruments were unusable and unmaintained.

He added that the SAPS management also ignored repeated recommendations to partner institutions of higher learning that have forensic capabilities, thereby showing complete disregard for the crisis and unwillingness to adopt corrective measures.

The DNA testing ground to a halt in 2020 after the SAPS failed to pay the agreed fees for the Property Control and Exhibit Management (PCEM) system, causing the subsequent shutdown of the system.  

This caused a backlog in forensic testing in over 125 000 cases, of which 92% were sexual assault kits. In November 2020, former Police minister Bheki Cele revealed that the DNA backlog was a whopping 117 738 cases.

By December, this figure had grown to 142 504. In March 2021, the head of the Forensic Laboratory Service, Major General Edward Ngokha, confirmed that the backlog stood at 172 787 and that nothing had been processed in January or February.

“In 2021, in the midst of the worst backlog crisis within the division, SAPS management stood in front of everyone and made commitments that they have now seemingly disregarded. It is unacceptable that measures that were promised to ensure that the National Forensic Science Laboratories is productive were seemingly just management playing lip-service to the challenge. People must be held accountable,” Cameron added.

He said the revelation of the backlog, longstanding challenges with accommodation for laboratories, the low number of police officers trained to take buccal samples and the inability to manage contracts to ensure that they are renewed timeously all contribute to this perpetual problem, he said, adding that he would request the Auditor-General (AG) to conduct a full forensic audit into the SAPS’s DNA processing and forensic laboratories as well as contract management within the division.

Meanwhile, a non-profit organisation, Action Society, said the fact that the backlog was at 140 000 cases again proves that the SAPS has been trying to hide the dire state of laboratories to the public, causing criminals to go free.

The organisation said the DNA backlog crisis has become a human rights violation that undermines South Africans’ constitutionally entrenched rights to equality, fair administrative action, and access to courts. 

“DNA evidence is by far the most effective crime fighting tool, but despite the president proclaiming war against GBV on many occasions, the government and especially the SAPS are not taking any real action in sorting out the DNA backlog. Thousands of victims of rape and violent crime, as well as families of murder victims, are not getting their day in court,” said Action Society spokesperson, Juanita du Preez.

SAPS spokesperson Athlenda Mathe requested to add to what the Police Ministry said, but she did not respond at the time of publication. 

manyane.manyane@inl.co.za