# summary

- Link: https://dearsouthafrica.co.za/cobill/summary/
- Published: 2021-09-23T11:09:46+02:00
- Author: dearSA

[ Have your say on the Convicted Offender Bill](https://dearsouthafrica.co.za/cobill/)

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Minister Ronald Lamola confirmed that 96,875 convicted “Schedule 8” offenders, have
been released on parole since 2016 without their DNA sample being taken and recorded.

Schedule 8 offences includes murder, rape and sexual offences against children. 
These are the most violent criminals in our society.

This is due to the failure of the Minister of Police, Bheki Cele to bring the Convicted
Offender Amendment Bill (CO Bill) to Parliament.

The aim of this bill is ensure that a DNA sample is taken from convicted schedule
8 offenders and added to the convicted offenders database before they are released
on parole.

### History of the CO Bill

The problem started when the transitional provision of the Criminal Law (Forensic
Procedures) Amendment Act No 37 of 2013, expired in 2017. This provision placed 
the responsibility of collecting the DNA samples of schedule 8 offenders in the 
hands of SAPS. Once the transitional provision ran its course, collecting DNA samples
was no longer a compulsory requirement resulting in almost one hundred thousand 
violent criminals being let off the hook.

The CO Bill was drafted in 2016 specifically to compel the collection and logging
of DNA samples before convicted criminals become eligible for parole, which would
have a huge impact on the prosecution of serious crime in South Africa.

The sole reason this Bill has not been passed into law is that the Ministers of 
Police, Bheki Cele, and Home Affairs, Dr Aaron Motsoaledi, have a highly unconstitutional
pipedream of a national DNA population database. In the meantime, convicted murderers
and rapists are free to continue their terror sprees in the knowledge that the DNA
they might inadvertently leave at crime scenes would not be traced back to them 
or their last crimes

### STATEMENTS FROM OTHER ORGANISATIONS

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### Cape Independence Advocacy Group

### Dear Speaker,

I am writing to you on behalf of the Cape Independence Advocacy Group (CIAG) and
the seventy thousand South Africans who actively follow our work.

We wish to comment on the ‘Electoral Commissions Amendment Act, 2021’, which is 
proposed by the Democratic Alliance (DA) and was published in the Government Gazette
on 21 June 2021.

Given our mandate, our comments are made in the context of the Western Cape, although
we appreciate and respect that the constitutional rights enacted through this bill
will rightfully apply to all provinces.

This bill is essential to restoring some degree of functional democracy to the voters
of the Western Cape and we therefore unreservedly and wholeheartedly endorse it.

Through their voting behaviour, Western Cape voters have made it abundantly clear
that they do not endorse many of the policy and ideological positions of the South
African national government, but are left utterly powerless to resist them because
the voters in other South African provinces, who greatly outnumber them, hold starkly
different ideological and political opinions.

In terms of seeing their democratic will enacted, for the majority of Western Cape
voters, the democratic era has not offered much of an improvement over the apartheid
era. It is a statistical fact that, since 1994, the majority of Western Cape voters
have never been governed by the political party they voted for, and they have no
foreseeable prospect of ever being governed by the party they vote for. As such,
they cannot be said to have functional democracy.

One of the few glimmers of democratic hope Western Cape voters do have, is the provision
of Clause 127(2)(f) of the national constitution, and 37(2)(f) of the Western Cape
constitution, which allows them, at the discretion of the premier who they elected,
to have their voices heard on matters which are important to them, without being
drowned out by a national majority who fundamentally hold different views.

To deny Western Cape voters this constitutional right would be a very serious infringement
of their political rights and freedoms, and would be a clear indication that parliament
and the national government are not interested in the constitutional rights and 
democratic wishes of Western Cape voters.

We therefore call upon parliament to pass this bill at the earliest opportunity,
and without objection.

Yours Faithfully

**Phil Craig
 
(On behalf of the Cape Independence Advocacy Group)
