| (1) |
The Director may, subject to subsections (5) and (8), on his or her own accord or upon receipt of a report referred to in subsection (3), and after consideration of any representations referred to in subsection (5), by written notice discharge any protected person from protection if he or she is of the opinion that— |
| (a) |
the safety of the person is no longer threatened; |
| (b) |
satisfactory alternative arrangements have been made for the protection of the person; |
| (d) |
the witness, in making application for placement under protection, wilfully furnished false or misleading information or particulars or made a statement which is false or misleading in any material respect, or wilfully failed to 4 disclose any information or particulars material to his or her application; |
| (e) |
the person refuses or fails to enter into a protection agreement when he or she is required to do so in terms of section 11(3) ; |
| (f) |
the behaviour of the person has endangered or may endanger the safety of any protected person or the integrity of a witness protection programme under this Act; or |
| (g) |
the person has wilfully caused serious damage to the place of safety where he or she is protected or to any property in or at such place of safety. |
| (2) |
The Director may, subject to subsections (4) and (5) and after consideration of any representations referred to in subsection (5), upon receipt of a written notice given by the interested functionary concerned that the evidence of a witness is no longer required in the proceedings concerned or that such proceedings have been concluded, by written notice, discharge such witness and all related persons from protection. |
| (a) |
any of the circumstances for discharge referred to in subsection (1)(a) or (b) exist; or |
| (b) |
a protected person is performing or has performed any act referred to in subsection (1)(c) to (g), |
he or she must forthwith report the matter to the Director.
| (4) |
The Director may, upon an application by— |
| (b) |
the parent or guardian of a minor; or |
who is to be discharged from protection in terms of subsection (2), if he or she is of the opinion that the safety of such protected person is still being threatened after the conclusion of the proceedings concerned, extend the protection of such person for as long as it may in his or her opinion be necessary: Provided that the protection of a minor referred to in the proviso to section 12(1), may not be so extended without the prior approval of a judge in chambers.
| (5) |
The Director must, before he or she discharges a protected person from protection, take reasonable steps to notify in the prescribed manner— |
| (i) |
the protected person and, if he or she is a minor, his or her parent or guardian; and |
| (ii) |
the interested functionary concerned, |
of the contemplated discharge in terms of subsection (1); or
| (b) |
the protected person and, if he or she is a minor, his or her parent or guardian of the contemplated discharge in terms of subsection (2), |
and must allow the protected person, and, where applicable, his or her parent or guardian, and the interested functionary concerned to make written representations to him or her within the prescribed period and in the prescribed manner in relation to any matter regarding such discharge.
| (6) |
Any protected person remains under protection until he or she is discharged from protection in terms of subsection (1) or (2) or in accordance with an agreement referred to in section 21(1)(a) or until— |
| (b) |
the parent or guardian of a minor; or |
| (c) |
a minor referred to in the proviso to section 12(1) , |
submits a waiver of protection, in the prescribed manner, to the Director.
| (7) |
The Director must, subject to subsection (8), upon receipt of a waiver of protection referred to in subsection (6), without delay discharge the protected person from protection. |
| (8) |
The Director may not discharge— |
| (a) |
a protected person referred to in section 21(1)(a) from protection in terms of this section without the prior approval of the Minister; or |
| (b) |
a minor referred to in the proviso to section 12(1) from protection in terms of this section without the prior approval of a judge in chambers. |
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