The Crisis at a Glance
The Forensic Science Laboratory (FSL) under SAPS is mandated by law to generate DNA profiles within 30 days of receiving a sample. It is failing by a catastrophic margin.
Critical compliance failure: 98.5% of profiles generated outside legal timeframe
Section 15Q of the DNA Act requires that bodily and crime scene samples be examined and loaded onto the NFDD within 30 days, unless exceptional operational circumstances justify a delay. The DNA Board Annual Report 2025/26 confirms this is now structurally broken, not an exception.
Backlog Growth: Five Quarters
The number of entries exceeding prescribed timelines has grown by 32.3% in one year. The backlog is not being resolved. It is accelerating.
Entries Exceeding Prescribed Timelines
Three-Year Processing Trend
Cases on hand grew by 106.8% in two years (143,739 to 297,271). The FSL finalised 407,832 exhibits in 2025/26 but received 439,585, a net growth of 31,753 cases.
GBV & Femicide Case Prioritisation: A Declining Commitment
Under an initiative between SAPS and the NPA, GBV&F matters are ring-fenced for court enrolment. The number of cases prioritised peaked in 2022/23 and has fallen by 64.9% since then.
GBV&F Matters Prioritised: Five-Year Trend
The 2025/26 figure (7,182) represents a return to levels comparable to the 2021/22 baseline of 7,611, erasing three years of progress. The DNA Board notes: "Given the scourge of the GBV&F in the country; the SAPS may need to reinforce this initiative to improve the standard of performance on this critical area of work."
Provincial Breakdown: Cases on Hand
As at end of March 2026. 72.4% of all cases (215,321) are sitting in safe storage awaiting processing. The HQ Reference Index alone holds 165,828 samples in safe storage (the single largest bottleneck).
The National Forensic DNA Database (NFDD)
South Africa's equivalent to the US CODIS system, established under Act 37 of 2013. Active profiles per index, as at end March 2026 (Table 9, DNA Board Annual Report 2025/26).
49,855 new profiles were loaded in Q4 2025/26. 14,518 profiles were expunged (statutory removals under the DNA Act). Net growth of 10.9% over the financial year.
Compliance with Legal Targets
The DNA Act sets mandatory performance thresholds. The FSL is failing on the most critical statutory deadline.
30-Day Profile Generation (Section 15Q)
Only 3,471 of 238,707 profiles generated within the legislated 30-day timeframe. 235,236 generated beyond the prescribed period. This is the most serious compliance failure in the system.
Forensic Reports (Section 212 Statements)
43,983 forensic reports produced against a target of 100,000. Performance ranged from 41% to 50% across all four quarters. The DNA Board notes targets appear "aspirational in nature rather than being informed by historical performance trends."
Overdue Cases (20% Threshold)
78.3% of all cases on hand exceed the prescribed timelines (nearly 4x the legal threshold). The Act requires this figure stays below 20%. It has been above 20% throughout the reporting period.
Serial Case Report Turnaround (35 Days)
1,205 of 1,536 DNA Serial Case Reports completed within 35 days. 331 (21.5%) fell outside the required turnaround. This is the only metric approaching reasonable compliance, but still significantly below target.
Legal Framework
Criminal Law (Forensic Procedures) Amendment Act, No. 37 of 2013: the founding statute of the NFDD. Key provisions the FSL is failing to meet.
30-Day DNA Profile Generation
Bodily and crime scene samples received by the forensic laboratory must be examined and loaded onto the NFDD within 30 days, unless exceptional operational circumstances justify a delay. Current compliance: 1.5%.
DNA Board Establishment
Establishes the National Forensic Oversight and Ethics Board (DNA Board) as an independent statutory body to oversee the NFDD and ensure compliance with the Act.
Mandatory Oversight & Reporting
The DNA Board is mandated to submit annual reports to Parliament on the performance of the NFDD. This report is one such statutory submission.
Buccal Sample Collection (Schedule 8)
All persons arrested for Schedule 8 offences (including rape, murder, sexual assault) must provide buccal samples. National compliance: 98.4% (336,978 of 342,610 qualifying individuals sampled in 2025/26).
Familial DNA Search Policy
Requires the development of a familial searches policy. As of March 2026, this policy was approved by the Accounting Officer and a costing framework is now being developed.
Annual Operational Plan: 20% Rule
The Annual Operational Plan sets a mandatory target: cases on hand exceeding prescribed timelines must not exceed 20% of total cases. Current figure: 78.3%. The system is operating at nearly 4x the permitted threshold.
Primary Sources
- DNA Board Annual Report 2025/26: National Forensic Oversight and Ethics Board, published 29 September 2026
- Criminal Law (Forensic Procedures) Amendment Act No. 37 of 2013 (Act 37 of 2013): operational 31 January 2015
- NSP 2020-2030 Five-Year Review: March 2026 (for GBV&F prevalence context)