Taxonomies
South Africa
Witness Protection Act, 1998
Witness Protection Regulations, 1992
Government Notice R2204 of 1992
- Published in Government Gazette 14196 on 31 July 1992
- Commenced on 31 July 1992
- [This is the version of this document from 31 July 1992.]
Chapter I
General provisions
1. Definitions
In these regulations any word or expression to which a meaning has been assigned in the Act shall bear that meaning, and unless the context otherwise indicates—“commander” means the person who is in charge of the police station or prison and who has placed a protected person in custody or the person designated in terms of regulation 15(2)(a) to deal with a placing;“detainee” means a person detained in protective custody under section 185A(2)(a)(i) of the Act;“Director-General” means the Director-General: Justice or an officer in the public service designated by him in general or for a particular matter;“medical officer” means a medical officer as defined in section 1 of the Correctional Services Act, 1959 (Act No. 8 of 1959);“member” means a member of the Force as defined in section 1 of the Police Act, 1958 (Act No. 7 of 1958), a member of the Correctional Services as referred to in section 2(1) of the Correctional Services Act, 1959 (Act No. 8 of 1959), or a temporary warder appointed as such under section 9(1) of the Correctional Services Act, 1959;“place of safety” means a place referred to in regulation 7 where a detainee is detained in protective custody;“protected person” means a person placed under protective custody under section 185A(2)(a)(ii) of the Act;“security officer” means a person designated a security officer in terms of regulation 15; and“the Act” means the Criminal Procedure Act, 1977 (Act No. 51 of 1977).2. Application and authorization for protective custody
3. Prohibition on disclosure of certain information
No person shall furnish any other person with any information that has the effect that—4. Transfer
5. Discharge from protective custody
Subject to the provisions of section 185A(4) a detainee or protected person shall remain under protective custody until—6. Expenses in connection with protective custody
Chapter II
Detention in protective custody
7. Detention in place of safety
Any person who has applied in accordance with regulation 2 to be detained in protective custody and has given authorization thereto shall be detained in a prison as defined in section 1 of the Correctional Services Act, 1959 (Act No. 8 of 1959), or a police cell or lock-up.8. Search
A detainee may be searched by any member or at the direction of such member, if such member deems it necessary: Provided that the searching of any detainee shall be conducted with strict regard to decency and order and that a man shall be searched by a man only and a woman shall be searched by a woman only.9. Seizure
Any object which, in the opinion of any member, is not in the interest of the detainee’s safety or the safety of any other person or in the interest of good order in the place of safety may be seized by such member, noted in a register and taken into safe-keeping.10. Disposal of private property of detainee
11. Orders to detainee
A member may give such orders to a detainee as he may deem reasonable and necessary in the circumstances in order to maintain discipline and order and to ensure the protection or safety of the detainee or any other person.12. Duties of person in charge of place of safety
The person in charge of a place of safety shall see to it that—13. Access to detainee
14. Payment of allowances to detainee
Chapter III
Placing under protective custody
15. Placing under protective custody
16. Search
A protected person may be searched if the security officer deems it necessary: Provided that the searching of any protected person shall be conducted with strict regard to decency and order and that a man shall be searched by a man only and a woman shall be searched by a woman only.17. Seizure
Any object which, in the opinion of the security officer, is not in the interest of the protected person’s safety or the safety of any other person or in the interest of good order in the place where the protected person is being protected, may be seized by such officer, noted in a register and taken into safe-keeping.18. Orders to protected person
A security officer may give such orders to a protected person as he may deem reasonable and necessary in the circumstances in order to achieve efficient security or such orders as may contribute to the safety of the security officer, the protected person or any other person.19. Duties of commander
The commander shall see to it that—20. Complaints or requests by protected person
A security officer shall give attention to each complaint or request of a protected person and bring it forthwith to the attention of the commander or any person designated by him.21. Access to protected person
22. Payment of allowances to protected person
Chapter IV
Offences and penalties
23. Offences and penalties
History of this document
31 July 1992 this version
Commenced