DA calls on Public Protector to investigate forensic labs
The DA will write to the Public Protector, Thuli Madonsela, to request an investigation into the serious backlogs and associated problems at government-run forensic laboratories.
According to media reports today the National Health Department's Forensic Chemistry Laboratory in Pretoria is in a dire condition, which is severely compromising the credibility of forensic samples (see report in The Star).
This report notes that the:
Fridge temperatures are at 10°C when it should be at 0°C;
Analytical balances are not calibrated regularly;
Expired chemicals are being used; and
Staff have to endure working in a hazardous environment.
This would explain why in December 2013, Health Minister Aaron Motsoaledi revealed to the DA in a parliamentary reply that there was a backlog of 52 748 post-mortem, toxicology and drunken driving samples awaiting processing at Forensic Chemistry Laboratories (FCLs) in Pretoria, Cape Town and Johannesburg.
In addition, despite enormous investment, the Forensic Science Laboratory, managed by the South African Police Services (SAPS) is still proving inadequate. A reply to a DA parliamentary question last year revealed that forensic backlogs increased by 322% since the previous year.
The poor management of forensic laboratories has a devastating effect on our criminal justice system and victims of crime.
The failure to provide timely analysis of forensic samples results in delays in the investigation and prosecution of crimes. And even if the case makes it to court, if the evidence lacks credibility, the case is thrown out. It must be noted that because of the delays, drunk driving cases are also being thrown off the court roll. The end result is that criminals are getting away with murder and other serious crimes. In the end, bereft families are left with no sense of justice.
Zuma's ANC government is simply not serious about the criminal justice system. These laboratories must be removed from management of the SAPS and Health Department.
The DA has clear solutions to address this problem. We propose in our policy that the government should:
Remove both the Forensic Science Laboratory from the South African Police Services (SAPS) and the Forensic Chemistry Laboratories from the Department of Health, and merge them into a Forensic Laboratory Service which would operate as a private-public partnership. The Forensic Laboratory Service would be independent from the SAPS and Health Department, and would be legally bound by strict operating conditions and service delivery targets. All laboratories would need to be accredited in order to be operational and all forensic analysts would need to be registered with the Council for Natural Sciences.
Build more forensic laboratories - at least one per province.
Focus on staff retention policies such as improving working conditions and providing incentives.
Levels of crime remain at crisis proportions in South Africa because criminals continue to prey upon innocent people knowing that the probability of being caught and successfully prosecuted is low.
This needs to be changed once and for all.
Statement issued by Dianne Kohler Barnard MP, DA Shadow Minister of Police, February 26 2014
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