CAPE TOWN — A severe DNA testing backlog has triggered what civil society organizations are calling a national justice emergency** across South Africa. Recent data reveals that over 175,500 DNA entries have exceeded their statutory processing timelines, causing massive forensic delays that are crippling the criminal justice system.
The alarming statistics were recently presented by the National Forensics Oversight and Ethics Board to the Parliamentary Police Committee. The real-world consequences of these systemic failures are devastating: between 2020 and 2025, at least 1,853 statutory rape cases had to be withdrawn from courts solely due to the inability to process forensic evidence on time.
Juanita du Preez, the national spokesperson for the Action Society, emphasized that offenders will continue to commit crimes if they know there are no consequences. She highlighted that the crisis extends beyond standard DNA exhibits to buccal samples—cheek swabs collected from a database of offenders in prisons for serious crimes. According to du Preez, only 3.5% of these buccal samples were processed within the required timeframe. Furthermore, a mere 8% of other DNA exhibits were completed within the mandated 30- to 35-day window.
These delays create a domino effect that stalls investigations and court proceedings. Du Preez explained that when a person is remanded without a hearing for an extended period, they can apply to be released. Consequently, suspects are freed without penalty and return to the public, posing a continued danger to South Africans and fostering a culture of impunity.
When asked why the system is failing so spectacularly, du Preez pointed to a combination of factors, ultimately summarizing the root cause as a lack of political will. The crisis is compounded by a shortage of specialized personnel and collapsing infrastructure. For instance, a forensic laboratory at Helen Joseph has taken a decade to build and remains incomplete. Additionally, the procurement of essential consumables is failing, causing the entire value chain to crumble.
The Action Society has been at the forefront of highlighting this issue for years, noting that past ministers have allegedly lied about the scale of the problem and ring-fenced the statistics provided to the public. However, the recent data directly from the DNA board confirms the severity of the situation. In response, Parliament has requested a public, measurable national DNA turnaround plan that includes monthly reporting to ensure accountability.
The Action Society’s demands are clear and comprehensive. They call for the immediate filling of all vacant forensic analyst and technical posts, alongside the guaranteed availability of rape kits and buccal kits at police stations. Du Preez noted that it is unbelievable for victims to gather the courage to report devastating crimes only to find that police stations lack the necessary kits. The organization also advocates for the independent, monthly publication of laboratory performance metrics by province and specific lab.
To resolve the backlog, the Action Society is strongly pushing for public-private partnerships. Du Preez argues that if government laboratories are failing to cope, provinces should be allowed to contract private forensic labs. While the protection of the chain of custody and evidence is often cited as a barrier to privatization, du Preez maintains that existing legislation can be enforced and proper regulations can be put in place to ensure private labs adhere to strict chain-of-custody protocols. She also suggested that decentralizing the policing system could facilitate these partnerships.
For families of missing persons and victims of gender-based violence currently navigating this broken system, du Preez’s message is one of relentless perseverance. Citing the frustrating realities seen in cases like the Gabby and Da matter, she urges families to keep the pressure on authorities, ask daily about the status of their cases, and never give up. The Action Society remains available to assist individuals whose cases are stalling, offering guidelines on legal requirements, proper investigation handling, and who to contact. Victims and their families can reach out for assistance directly through the Action Society’s website.
