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

7. Application for protection

 

(1) Any witness who has reason to believe that his or her safety or the safety of any related person is or may be threatened by any person or group or class of persons, whether known to him or her or not, by reason of his or her being a witness, may—
(a) report such belief—
(i) to the investigating officer in the proceedings concerned;
(ii) to any person in charge of a police station;
(iii) if he or she is in prison, to the person in charge of the prison where he or she is being detained or to any person registered as a social worker under the Social Work Act, 1978 (Act No. 110 of 1978), or deemed to be so registered and who is in the service of a Department of State;
(iv) to the public prosecutor or the interested functionary concerned; or
(v) to any member of the Office; and
(b) apply in the prescribed manner that he or she or any related person be placed under protection.

 

(2)
(a) If a witness is for any reason unable to make a report as contemplated in subsection (1)(a) or to make an application for protection as contemplated in subsection (1)(b), any interested person or the investigating officer concerned, who has reason to .believe that the safety of the witness or any related person is or may be threatened as contemplated in subsection (1), may make such a report or application on behalf of the witness.
(b) Subject to section 12 , an application for protection of a minor may be made by or on behalf of the minor without the consent of his or her parent or guardian.

 

(3) Any person to whom a report is made as contemplated in subsection (1), must assist the applicant in the making of an application for protection and, unless he or she is the Director, must forthwith—
(a) inform the Director of the application; and
(b) submit the application to the Director or a witness protection officer.

 

(4) The Director may, whenever he or she deems it necessary, refer an application for protection submitted to him or her. to a witness protection officer for evaluation and the submission of a report as contemplated in section 9(1) .