For the parents of an eight-year-old girl from Gugulethu in the Western Cape, it has been a year of anguish as they want to see the man accused of raping her brought to book. But until DNA samples have been processed the court proceedings are in limbo and the accused on bail.
This case is among the backlog of 117,736 samples at the National Forensic Science Laboratory, something NGOs and crime experts said impacts victims receiving justice.
National police spokesperson Brig Vish Naidoo confirmed police have a huge backlog, with rape cases accounting for 60% to 70% of it. Murder cases make up a big chunk of the remaining 30%.
He attributed the backlog to a shortage of test kits and testing strips, maintenance of sensitive equipment, shortages of consumables and reagent, and financial constraints.
He said procurement of contracts for the maintenance of sensitive robotics and other specialised equipment is at an advanced stage.
But Naidoo said DNA is not the only tool that can be used as evidence, as police also “depend on investigations and lining up of witnesses”.
Another victim whose case has been dragging on due to the backlog is a 20-year-old woman from Qumbu in the Eastern Cape. She was allegedly raped by a neighbour’s son in August 2019 in Cape Town.
“I moved back home to Qumbu when the perpetrator was released after three days of being arrested,” she said.
Crime expert Dr Johan Burger said funding and supply chain issues may be contributing to the problem, as is the number of criminal cases.
“It is crucial that properly qualified and experienced senior officers be appointed at these offices.”
Institute for Security Studies crime expert Gareth Newham said the backlog also delayed identifying suspects and linking perpetrators to the scenes of crimes.
Delays could result in cases being abandoned, he said, “because victims or witnesses move and cannot be found, and some may want to get on with their lives and decide they no longer want to testify”.
Pressure group Action Society this week called on the government to address the inefficiencies in the DNA testing and investigation processes to accelerate the prosecution of sexual offenders.
Spokesperson Daleen Gouws said the first 48 hours after a sex crime is committed are crucial to gathering DNA evidence to build a strong case.
According to crime stats there were close to 54,000 sexual offence cases reported in the previous financial year and a mere 7% conviction rate.
“Sexual predators are roaming our streets without a conscience. So yes, we will stop overreacting once police start acting on the problem with practical solutions,” Gouws said.
Lawyers Against Abuse’s Rethabile Mosese said DNA evidence is important, especially when the victim’s cognitive impairment results in them being unable to testify in court.
NPA spokesperson Sipho Ngwema said the backlog has a huge impact, leading to cases being postponed, which in turn results in increased backlogs.
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