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

22. Offences and penalties

 

(1) Any person who—
(a) wilfully or negligently allows any unauthorised person to gain access to any protected person;
(b) wilfully or negligently discloses, in contravention of any provision of this Act—
(i) the identity of any protected person;
(ii) information that a particular protected person is under protection;
(iii) the place of safety or location where any person is under protection or has been relocated in terms of this Act;
(iv) any information which could lead to the identification of any such person or any such place of safety;
(v) any information which undermines or compromises or could undermine or compromise the integrity of a witness protection programme in terms of this Act; or
(vi) any information relating to the relocation or change of identity of a protected person; or
(c) wilfully or negligently contravenes any provision of section 17(4), (8) or (9) , or who discloses information in contravention of any condition determined by the Director in terms of section 17(5),

shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding 30 years.

 

(2)
(a) Any person who—
(i) wilfully contravenes any provision of section 10(2) ;
(ii) wilfully interferes with, or hinders or obstructs the Director or any other member of the Office in the exercise, performance or carrying out of any of his or her powers, functions and duties contemplated in this Act; or
(iii) with intent to gain for himself or herself or for any other person protection in terms of this Act, makes any false statement or furnishes information that he or she knows to be untrue or misleading,

shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding five years.

(b) Upon the conviction of any person for an offence referred to in paragraph (a)(iii), the public prosecutor must, if the State has suffered any loss as a result of such offence, apply for an order for the payment of compensation in terms of section 300 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).