The “DNA Act” supra was comprehensively discussed in Servamus: April 2014.

In Servamus: March 2015 Pollex reported that this entire “DNA Act” came into operation on 31 January 2015, with the exception of section 2 to the extent that it inserts a “new” section 36D(1) into the Criminal Procedure Act 51 of 1977 (“the CPA”).

According to Government Gazette No 45739 dated 13 January 2022, the said section 2 of the “DNA Act” supra which inserts a “new” section 36D(1) into the CPA, came into operation on 31 January 2022.

For ease of reference, the “new” section 36D(1) of the CPA provides as follows:

“Powers in respect of buccal samples, bodily samples and crime scene samples

36D.(1) Subject to section 36A(5) [of the CPA], an authorised person must -

(a) take a buccal sample; or

(b) cause the taking of any other bodily sample by a registered medical practitioner or registered nurse defined in the National Health Act, of any person -

(i) after arrest but before appearance in court to be formally charged for any offence referred to in Schedule 8 [of the CPA];

(ii) released on bail in respect of any offence referred to in Schedule 8, if a buccal sample or a bodily sample of that person was not taken upon his or her arrest;

(iii) upon whom a summons has been served in respect of any offence referred to in Schedule 8;

(iv) whose name appears on the National Register for Sex Offenders; or

(v) charged or convicted by a court in respect of any offence, which the Minister [of Justice] has by notice in the Gazette, and after notification of Parliament, declared to be an offence for the purposes of this subsection [1].”

(Words in square brackets inserted by Pollex.)

******************************

[This is only an extract of an article published in Pollex in Servamus: March 2022. If you are interested in reading the rest of the article, send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it. to find out what you need to do. Ed.]