Witness Protection Act, 1998 (Act No. 112 of 1998)

1. Definitions

Purchase

(1)	In this Act, unless the context otherwise indicates—

"commission"

means any commission of inquiry appointed in terms of an Act of Parliament;

"Complaints Directorate"

means the Independent Police Investigative Directorate, established under section 2 of the Independent Police Investigative Directorate Act, 2010.

"Constitution"

means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

"Department"

means the Department of Justice;

"Director"

means the Director: Office for Witness Protection, appointed in terms of section 3(1) ;

"Director-General"

means the Director-General: Justice;

"Director of Public Prosecutions"

means any Director of Public Prosecutions appointed under section 13(1) of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998);

"interested functionary"

means—

(a)	the Director of Public Prosecutions responsible for the institution and conducting of criminal proceedings in respect of any offence referred to in the Schedule to this Act, in respect of which a witness is or may be required to give evidence or has given evidence on behalf of the State;

(b)	any person designated thereto in writing by—

(i)	the chairperson of a commission or the person presiding at proceedings before a commission;

(ii)	the person presiding at proceedings before a Tribunal;

(iii)

the judicial officer presiding at inquest proceedings under the Inquests Act, 1959 (Act No. 58 of 1959); or

(iv)	the Executive Director of the Complaints Directorate or the person presiding at or heading an investigation conducted by the Complaints Directorate, before whom a witness is or may be required to give evidence or has given evidence; or

(c)	for the purposes of Chapters 5 and 6 of the Prevention of Organised Crime Act, 1998, the National Director as contemplated in section 1 of that Act;

"law enforcement officer"

for the purposes of the Schedule to this Act, includes—

(a)	a member of the State Security Agency referred to in section 3 of the Intelligence Services Act, 2002 (Act No. 65 of 2002); and

[Paragraph (a) substituted by section 53 of the General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013)]

(b)	a correctional official in the employ of the Department of Correctional Services;

"member of the Office"

means the Director, Deputy Director and any other person contemplated in section 3(5)(a) ;

'Minister"

means the Minister of Justice;

"National Director"

means the National Director of Public Prosecutions, referred to in section 179(1)(a) of the Constitution;

"Office"

means the Office for Witness Protection, established by section 2 , including any branch office established in terms of section 2(2);

"place of safety"

means a place of safety as designated by the Director;

"prescribed"

means prescribed by regulation made under section 23 ;

"proceedings"

mean any—

(a)	criminal proceedings in respect of any offence referred to in the Schedule to this Act;

(b)	proceedings before a commission or a Tribunal;

(c)	proceedings under the Inquests Act, 1959 (Act No. 58 of 1959);

(d)	proceedings relating to an investigation conducted by the Complaints Directorate; or

(e)	proceedings referred to in Chapters 5 and 6 of the Prevention of Organised Crime Act, 1998;

"protected person"

means any person who has been placed under protection;

"protection"

means any protection in terms of this Act, excluding temporary protection as contemplated in section 8 , and may include the relocation or change of identity of, or other related assistance or services provided to, a protected person, as prescribed;

"protection agreement"

means an agreement referred to in section 11 ;

"related person"

means any member of the family or household of a witness, or any other person in a close relationship to, or association with, such witness;

"security officer"

means any security officer seconded in terms of section 6(1) ;

"this Act"

includes the regulations;

"Tribunal"

means any Special Tribunal established under section 2 of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996);

"witness"

means any person who is or may be required to give evidence, or who has given evidence in any proceedings;

"witness protection officer"

means any witness protection officer appointed in terms of section 5(1) .

(2)	For the purposes of sections 15 , 16 , 17 , 18 , 19 , 21 and 22 , and where applicable, any witness or related person who has been placed under temporary protection in terms of section 8(1) and who, at the expiry of such temporary protection, is—

(a)	placed under protection, shall be deemed to have been a protected person from the date of his or her placement under temporary protection; or

(b)	discharged from temporary protection without being placed under protection, shall be deemed to have been a protected person only for the period during which he or she was under temporary protection.