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

8. Temporary protection


(a) to whom a report referred to in section 7(1) has been made;
(b) who has been informed of an application for protection or to whom a written application for protection has been submitted as contemplated in section 7(3)(b), or
(c) if he or she is aware that a report or an application referred to in section 7 is to be made,

may, pending the finalisation of an application for the protection of a witness or related person, place the witness or related person concerned under temporary protection as prescribed for a period not exceeding 14 days, if he or she deems it necessary for the safety of such witness or related person: Provided that—

(i) if a report or an application has been made as contemplated in section 7(2)(a), the witness or related person may only be placed under temporary protection if he or she has consented thereto; and
(ii) no minor shall be placed under temporary protection without the consent of his or her parent or guardian,
unless the Director is of the opinion that exceptional circumstances exist which do not warrant such consent.


(2) If a witness protection officer places a witness or related person under temporary protection as contemplated in subsection (1), he or she must report such placement within 48 hours to the Director.