Swazi Observer

FULL STORY

THE WITNESS PROTECTION ACT, 2018

By What The Law Says | 2019-11-22

Short title and commencement

(1) This Act may be cited as the Witness Protection Act, 2018.

(2) This Act shall come into force on a date to be appointed by the minister by notice in the Gazette.

Interpretation

“Director” means the Director of the witness protection programme;

‘interested functionary’

means-

(a) the Director of Public Prosecutions;

(b) the Commissioner of the Royal Swaziland Police; or

“Minister” means the Minister responsible for Justice;

“Office” means the witness protection office established by section 2 and includes any branch established in terms of that section;

“place of safety” means a place of safety designated by the Director;

“proceedings” means any procedure conducted by or under the supervision of a judge or judicial officer in relation to any alleged or proven offence or property derived from such offence, and includes an inquiry, investigation or preliminary or final determination of facts;

“programme” means the witness protection programme;

“protected person” means any person who has been placed under protection;

“related person” means any member of a family or household of a witness, or any other person in a close relationship to, or association with, such witness;

“witness” means any person who is or may be required to give evidence, or who has given evidence in any proceedings;

“witness protection officer” means a witness protection officer appointed by the Director to administer the witness protection programme ;

“witness protection programme” means protection of a person’s personal safety.

PART II

ESTABLISHMENT OF WITNESS PROTECTION OFFICE

Establishment of Witness Protection Office

(1) There is hereby established an office within the Ministry called the Witness Protection Office.

(2) The Minister may, after consultation with the Director, by notice in the Gazette, establish a branch office of the office for any area consisting of one or more regions of the country.

Appointment of Director

and members of office

(1) The Minister shall, subject to the laws governing the public service, appoint a person to the office of Director, who shall be the head of the Office.

(2) The Director shall, subject to directions from the Minister, perform the duties and functions assigned to the Director under this Act.

(3) The Minister may, whenever a Director is unable to carry out the functions of the Director, appoint a person as acting Director to carry out the functions of the Director.

(4) The Director shall, in the process of carrying out the functions of the Director, be assisted, subject to the control and directions of the Director, by witness protection officers and any other officers from a public or other body who may be seconded to the office.

(5) A person seconded under subsection (4) who is not a member of the public service shall be entitled to such remuneration, including allowances for expenses incurred by the person in the performance of duties assigned by the Director, as the Minister, in consultation with the Minister of Finance may determine.

Functions and duties

of a director

(1) The Director-

(a) shall be responsible for the protection of witnesses and related persons, including temporary protection and related services in terms of this Act;

(b) shall carry out the administrative duties relating to the protection of witnesses and related persons, including temporary protection and related services;

(d) may make arrangements to provide a witness with accommodation or to relocate a witness;

(e) may enter into agreements to make use of the services of persons, bodies, institutions or organisations;

(f) may make an arrangement with any Government department or enter into an agreement with any person, body, institution or organisation-

(i) in terms of which the Office will be authorized to make use of the facilities or equipment belonging to or under the control of such Department, person, body, institution or organization;

(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;

(g) shall regulate the procedure and determine the manner in which the provisions of this Act shall be carried out;

(h) may designate places to be used as places of safety;

(i) shall exercise control over witness protection officers; and

(j) shall perform such other functions as may be assigned to the Director.

(2) Government departments shall render assistance reasonably required by the Director in the performance of the duties of the Director under this Act.

(3) The Director shall not obtain documentation that represents that a witness participating in the witness protection programme has a qualification that the witness does not have.

Witness protection officers

(1) The Director shall, subject to the laws governing the public service, appoint witness protection officers to assist with running the programme.

(2) A witness protection officer shall, subject to the control and directions of the Director, exercise powers and perform the functions assigned by the Director.

(3) A witness protection officer shall be assisted by other members of the Office designated for that purpose by the Director.

(4) A witness protection officer shall, at least once every six months, submit to the Director a report of activities or on any other matter that the Director may request the witness protection officer to deal with in the report.

Factors to be considered for inclusion of a witness in a witness protection programme

(1) The Director shall be responsible for deciding whether to include a witness in a witness protection programme.

(2) In deciding whether or not to place a witness in the witness protection programme, the Director shall have regard to the following-

(a) the seriousness of the offence to which the statement or evidence of the witness relates;

(b) the nature and importance of the statement or evidence;

(d) whether there are viable alternative methods of protecting the witness; and

(e) whether the witness has a criminal record, particularly in respect of violent crime, which indicates a risk to the public if the witness is included in the programme.

(3) A witness shall not be included in a witness protection programme unless the witness, or a person legally responsible for the witness, agrees in writing to be included in the programme.

(4) The Director shall not include a witness in the witness protection programme if the Director does not have enough information to assess the matters referred to in this section in relation to the witness.

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