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

23. Regulations


(1) The Minister may make regulations relating to—
(a) the placing of witnesses or related persons under protection;
(b) the protection of the identity of protected persons;
(c) the regulation of access to places of safety where persons are being kept or relocated in terms of this Act;
(d) the utilisation of security officers or private security personnel for protection services in terms of this Act;
(e) the assistance to be rendered or functions to be performed by any Department of State, person, body, institution or organisation for the purpose of giving effect to the provisions of this Act;
(f) the information to be furnished by, or any steps to be taken in respect of, a witness or related person whose application for placement under protection is being considered;
(g) the terms and conditions that must be included in protection agreements or in other agreements or arrangements entered into or made under this Act;
(h) the procedure for the relocation or change of identity of a protected person;
(i) the manner in which and the conditions whereunder any decision of or steps taken by the Director or any person acting on behalf of the Director under a provision of this Act, may be subjected to review by the Minister;
(j) the powers, functions and duties of witness protection officers and security officers;
(k) mechanisms to be put in place in order to monitor the circumstances under which a person is kept under protection;
(l) specific offences in respect of which, in addition to the offences listed in the Schedule to this Act, a witness or related person may be placed under protection;
(m) any other matter that is required or permitted to be prescribed in terms of this Act; and
(n) in general, any matter which the Minister deems necessary or expedient to prescribe in order to achieve the objects of this Act.


(2) Different regulations may be made in respect of different categories of witnesses or related persons.


(3) Any regulation made under subsection (1) must, before publication thereof in the Gazette, be submitted to Parliament.


(4) Any regulation made under subsection (1) may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding three years.


(5) Any regulation made under subsection (1) which may result in financial expenditure for the State must be made in consultation with the Minister of Finance.