Witness Protection Act, 1998 (Act No. 112 of 1998)3. Director and members of Office |
| (1) | The Minister must, subject to the laws governing the public service, appoint a person to the office of Director: Office for Witness Protection, who shall be the head of the Office. |
| (2) | The Director shall exercise the powers, perform the functions and carry out the duties conferred upon, assigned to or imposed upon him or her by or under this Act, subject to the control and directions of the Minister. |
| (3) | Whenever the Director is for any reason unable to exercise, perform or carry out his or her powers, functions and duties or when the appointment of a person as Director is pending, the Minister may, subject to the laws governing the public service, appoint a person as Acting Director to exercise, perform or carry out the powers, functions and duties of the Director. |
| (4) | The Director-General may, subject to the laws governing the public service, appoint a person as Deputy Director: Office for Witness Protection who shall, subject to the control and directions of the Director, exercise, perform or carry out any powers, functions and duties conferred upon, assigned to or imposed upon him or her by the Director. |
| (5) |
| (a) | The Director shall in the exercise of the powers, performance of the functions and carrying out of the duties conferred upon, assigned to or imposed upon him or her by or under this Act, be assisted, subject to his or her control and directions, by— |
| (i) | officers of the Department designated for that purpose by the Director-General; |
| (ii) | witness protection officers; |
| (iii) | security officers; |
| (iv) | officers of any other Department of State seconded to the service of the Office, for a particular service, in terms of the laws governing the public service; |
| (v) | persons in the service of any public or other body, institution or organisation, who can render a service in respect of any matter provided for by or under this Act and who are by arrangement with the body, institution or organisation concerned seconded with their consent to the service of the Office; and |
| (vi) | any other person whose services are obtained by the Director. |
| (b) | For the purposes of paragraph (a)(v)— |
| (i) | any body, institution or organisation which made an arrangement with the Director as contemplated in paragraph (a)(v), must from time to time, if requested by the Director in writing to do so, furnish him or her with a list of the names of persons, in the employ or under the control of that body, institution or organisation, who are fit and available to assist the Director as contemplated in the said subparagraph (v); |
| (ii) | such a body, institution or organisation must, at the request of the Director, designate a person or persons mentioned in the list concerned so to assist the Director; and |
| (iii) | the Director may refuse to accept the services of a person so designated and may thereupon request the body, institution or organisation concerned to designate another person. |
| (c) | Notwithstanding any other law, any officer or person seconded to the service of the Office in terms of paragraph (a)(iv) or (v), or any person whose services have been obtained in terms of paragraph (a)(vi) may exercise the powers and must perform the functions or carry out the duties conferred upon, assigned to or imposed upon him or her from time to time by the Director and shall, in the exercise, performance or carrying out of such powers, functions or duties, act in terms of the laws applicable to the Office. |
| (d) | Any person referred to in paragraph (a)(v) or (vi), who is not subject to the laws governing the public service, shall be entitled to such remuneration, including allowances for travelling and subsistence expenses incurred by him or her in the exercise, performance or carrying out of the powers, functions and duties conferred upon, assigned to or imposed upon him or her by the Director, as the Minister in consultation with the Minister of Finance may determine. |