Witness Protection Act, 1998 (Act No. 112 of 1998)10. Consideration of application for protection |
| (1) | The Director must in respect of an application for protection have due regard to the report and recommendations of the witness protection officer concerned, or if such an application has not been referred to a witness protection officer in terms of section 7(4) , any written recommendations by the interested functionary concerned as to whether the person concerned should be placed under protection or not and must also take into account— |
| (a) | the nature and extent of the risk to the safety of the witness or any related person; |
| (b) | any danger that the interests of the community might be affected if the witness or any related person is not placed under protection; |
| (c) | the nature of the proceedings in which the witness has given evidence or is or may be required to give evidence, as the case may be; |
| (d) | the importance, relevance and nature of the evidence given or to be given by the witness in the proceedings concerned; |
| (e) | the probability that the witness or any related person will be able to adjust to protection, having regard to the personal characteristics, circumstances and family or other relationships of the witness or related person; |
| (f) | the cost likely to be involved in the protection of the witness or any related person; |
| (g) | the availability of any other means of protecting the witness or any related person without invoking the provisions of this Act; and |
| (h) | any other factor that the Director deems relevant. |
| (2) | In order to enable him or her to make a proper evaluation of an application for 3 protection, the Director must be afforded immediate and full access to any police docket and statement of a witness and to any evidence given in any proceedings, and he or she is entitled to obtain copies of any such statement or of such evidence or any part thereof. |
| (3) | After having considered an application for protection, the Director may— |
| (a) | pending the approval or refusal of an application in terms of paragraph (b) or (c), make any interim arrangements with the witness or related person relating to his or her protection in terms of this Act; |
| (b) | approve the application and thereupon place the witness or any related person under protection in accordance with the protection agreement entered into by or on behalf of the witness or related person and the Director; or |
| (c) | refuse the application and, where applicable, by written notice to the witness revoke any temporary protection under which he or she or any related person has been placed in terms of section 8(1) . |