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

15. Civil proceedings in which protected person is a party or witness

 

(1) Any civil proceedings in which a protected person is a party or a witness may, subject to the provisions of subsection (2), be proceeded with in terms of the laws regulating such proceedings.

 

(2) If it appears to a judge of a High Court in an ex parte application, made to him or her in chambers by the Director, that the safety of any protected person might be endangered by the institution or prosecution of any civil proceedings in which a protected person is a party or a witness, whether in that High Court or in any lower court within its area of jurisdiction, the judge may make any order he or she deems appropriate with regard to the institution or prosecution or postponement of those proceedings in a manner aimed at—
(a) preventing the disclosure of the identity or whereabouts of the said person; or
(b) achieving the objects of this Act.

 

(3) Notice of any order made in terms of subsection (2) must be given to the parties to the proceedings concerned and to their legal representatives in accordance with the rules of court.

 

(4) The address of the Office for Witness Protection shall for all purposes of service of process on a protected person, serve as the domicilium citandi et executandi of such person and notice of such address must be given in writing by the Director and delivered by hand or sent by registered mail by him or her to all other parties or their legal representatives.

 

 


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