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

4. Powers, functions and duties of Director

 

(1) In order to achieve the objects of this Act, the Director
(a) is responsible for the protection of witnesses and related persons, including temporary protection, and related services in accordance with this Act;
(b) must carry out the administrative duties relating to the protection of witnesses and related persons, including temporary protection, and related services;
(c) may enter into agreements to make use of the services of persons, bodies, institutions or organisations;
(d) may make an arrangement with any Department of State or enter into an agreement with any person, body, institution or organisation—
(i) in terms of which the Office will be authorised to make use of the facilities or equipment belonging to or under the control of such Department, person, body, institution or organisation;
(ii) in order to obtain documents and other information that may be required for the protection of a protected person; or
(iii) regarding any matter for the purpose of giving effect to the provisions of this Act;
(e) must regulate the procedure and determine the manner in which the provisions of this Act shall be carried out by any branch office referred to in section 2(2) ;
(f) may designate places to be utilised as places of safety;
(g) must exercise control over witness protection officers and security officers; and
(h) may exercise the powers and must perform the functions or carry out the duties conferred upon, assigned to or imposed upon him or her by or under this Act.

 

(2)
(a) The Director may, either in general or in a particular case or in cases of a particular nature, in writing delegate any power, function or duty conferred upon, assigned to or imposed upon him or her by or under this Act to any other member of the Office.
(b) Any member of the Office to whom any power, function or duty has been delegated under paragraph (a) shall exercise that power, perform that function or carry out that duty subject to the control and directions of the Director.
(c) The Director may at any time in writing withdraw such delegation, and the delegation of any power, function or duty shall not prevent the Director from exercising, performing or carrying out that power, function or duty himself or herself.

 

(3) All Departments of State must render such assistance as may be reasonably required in the exercise, performance or carrying out of the powers, functions and duties conferred upon, assigned to or imposed upon the Director by or under this Act.

 

 


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