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

9. Reports by witness protection officer

 

(1) A witness protection officer must consider the merits of an application for protection submitted or referred to him or her in terms of section 7 and must—
(a) as soon as possible after the receipt of such application, but not later than 14 days thereafter; or
(b) if the person has been placed under temporary protection as contemplated in section 8(1) , before the expiry of such temporary protection,

report thereon to the Director.

 

(2) A report referred to in subsection (1) must be in writing and must include—
(a) a written indication by the interested functionary concerned whether the person concerned is a witness or not;
(b) a recommendation whether the person concerned qualifies for protection;
(c) particulars relating to the factors referred to in section 10(1) ; and
(d) any other matter which in the opinion of the witness protection officer should be taken into account.

 

(3) If a witness protection officer recommends that a person be placed under protection, he or she may make recommendations with regard to the nature of the protection, the expected duration of the protection and any particular circumstances that ought to be taken into account in the placement under such protection.

 

(4) If a witness protection officer recommends that an application for protection be refused, he or she must inform the Director of the reasons for such recommendation.

 

 


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