| (b) |
where applicable, enter into a separate written protection agreement with each related person, |
setting out the obligations of the Director and the witness or related person in respect of his or her placement under protection.
| (a) |
enter into a protection agreement with the parent or guardian of— |
| (ii) |
a person who is otherwise not competent to enter into a legally binding agreement; or |
| (b) |
enter into a draft protection agreement with a minor referred to in the proviso to section 12(1) . |
| (2) |
If the Director has entered into a Protection agreement as contemplated in subsection (2), he or she may, as soon as possible after the protected person concerned becomes competent to enter into a legally binding agreement, require the protected person to enter into a new protection agreement. |
| (3) |
A protection agreement must set out the terms and conditions under which a witness or related person is to be placed under protection, including— |
| (a) |
an obligation on the Director— |
| (i) |
to take such reasonable steps as are necessary to provide the protected person with the protection and related services, as referred to in the protection agreement concerned; and |
| (ii) |
not to keep a protected person under protection in any prison or police cell, unless otherwise agreed upon; |
| (b) |
an obligation on the witness or the related person— |
| (i) |
where applicable, to give the evidence as required in the proceedings to which the protection relates; |
| (ii) |
to meet all financial obligations incurred by him or her that are not payable by the Director in terms of the protection agreement; |
| (iii) |
to meet all legal obligations incurred by him or her, including any obligations regarding the custody and maintenance of children and taxation obligations; |
| (iv) |
to refrain from activities that constitute a criminal offence; |
| (v) |
to refrain from activities that might endanger his or her safety or that of any other protected person; |
| (vi) |
o accept and give effect to all reasonable requests and directions made or given by any member of the Office in relation to the protection provided to him or her and his or her obligations; |
| (vii) |
to inform the Director of any civil proceedings which have or may be instituted by or against him or her or in which he or she is otherwise involved; |
| (viii) |
to inform the Director of any proceedings in which he or she was or may be involved, either as a witness or accused or otherwise; and |
| (ix) |
not to endanger the security or any other aspect of the protection of witnesses and related persons or related services or any other matter relating to a witness protection programme provided for in this Act; |
| (c) |
any other prescribed terms and conditions or obligations agreed upon; and |
| (d) |
a procedure in accordance with which the protection agreement may, if necessary, be amended. |
Contingency Fees Act, 1997
