WHAT THE WITNESS PROTECTION
PROGRAMME IS ALL ABOUT

WITNESS PROTECTION PROGRAMME (WPP)

1. WHO MAY BE ADMITTED TO THE PROGRAMME?

(a) Any potential witness, a dependant of a potential witness or a member of the family of a potential witness provided:

• The offence to which the witness can testify is a First Schedule offence or the offence of Bribery, Blackmail, Perjury or Defeating the Ends of Justice;
• That the Attorney-General concerned indicates that the witness should be protected; and
• The witness or the dependant or the member of the family is in danger because of the fact that the witness will testify.

(b) Any person who has testified, a family member or dependent of a witness that has testified in criminal court in a case provided:

• The offence to which the witness testified is a First Schedule offence or the offence of Bribery, Blackmail, Perjury or Defeating the Ends of Justice;
• That the Attorney-General indicates that the witness should be protected; and
• The witness or the dependant or the member of the family is in danger because of the fact that the witness had testified.

2. HOW IS A PERSON ADMITTED TO THE PROGRAMME?

(a) The person in danger, hereafter called the witness, or his/her family applies to be admitted to the Programme by completing the prescribed Forms A, B, C or D and handing them to the investigating officer in the case, the head of a police station, the head of a prison or a Provincial Co-ordinator of the WPP.

(b) The Office of the Witness Protector is contacted immediately by the person receiving the application, by telephone if necessary, and the completed Forms A, B, C or D are submitted, together with a statement by the investigating officer setting out the:

• Nature of the case;
• Offences involved;
• Nature of the evidence the witness can furnish; and
• Source and nature of danger.

(c) Approval is sought from the Office of the Witness Protector to place the witness in protective custody for an initial period of not more than 14 days and arrangements are made regarding the safety of the witness.

(d) The Attorney-General concerned is thereafter approached by the investigating officer and/or Provincial Co-ordinator for a decision whether the witness should be kept on the Programme. The Attorney-General will convey his decision to the investigating officer or the Provincial Co-ordinator.

(e) After the decision of the Attorney-General is communicated to the Office of the Witness Protector, effect is given to that decision. If the witness is not regarded as a necessary witness or a person requiring protection by the Attorney-General concerned, the witness is removed from the Programme.

3. WHAT HAPPENS TO THE WITNESS IF THE ATTORNEY-GENERAL CONFIRMS THAT THE WITNESS SHOULD BE ADMITTED TO THE PROGRAMME?

Memorandum of Understanding

(a) The witness is required to enter into a memorandum of understanding with the State. This document sets out the obligations and rights of the parties and should be completed accurately and carefully before submitting it to the Office of the Witness Protector.

(b) The Memorandum of Understanding should be completed by the witness assisted by the investigating officer and/or the Provincial Co-ordinator.

(c) The Memorandum of Understanding is then submitted to the Office of the Witness Protector who will scrutinise it and who may request additional information.

Allowances to Witnesses

(a) The State does not pay witnesses to testify and this must be explained to the witness. The State may, however, reimburse the witness for any proven loss of income. If a witness alleges that he or she will forfeit income while on the Programme, written proof of such loss must be obtained by the investigating officer or police Provincial Co-ordinator.

(b) After checking the details contained in the Memorandum of Understanding and such other information as may be called for, the Office of the Witness Protector will determine whether an allowance is to be paid to the witness, and inform the witness, investigating officer or Provincial Co-ordinator.

(c) Any amounts overpaid as a result of incorrect information furnished will be recovered from the witness.

(d) Allowances paid to witnesses are taxable and income tax will be deducted from the allowance.

(e) After a witness is resettled, the witness is expected to be self sufficient and the allowance will be stopped.

Calculation of allowances to witnesses

(a) A witness is entitled to an allowance of R10,00 per day if he or she cannot work as a result of the fact that he or she is on the Programme.It should, however, be noted that this amount is only payable if the witness was employed immediately before being placed on the Programme. Persons not employed are not entitled to the allowance although a nominal amount may be paid to the witness to cover incidental expenses.

(b) If a witness is provided with accommodation and food, amounts previously paid by the witness to maintain himself./herself will be deducted from the allowance.

(c) Income derived from illegal activities will not be taken into account when calculating an allowance.

(d) Where a witness is provided with accommodation but has to provide food for his or her family, the following tariff shall be applied to calculate the food allowance:

(e) In appropriate cases, the witness will be reimbursed for his or her actual loss of income. Any living expenses normally incurred by the witness which are no longer incurred will be deducted, eg; rent, transport and water and lights.

(f) If the income of a witness is replaced, the witness will be responsible for all normal expenses. However, to the extent that an expense is incurred because the witness is on the Programme, this could be paid for by the Programme, eg; additional school fees or additional transport fees.

(g) The maximum amount that can be paid to a witness, irrespective of his or her actual loss of income, is R400,00 per day. This can only be exceeded if the authorisation of the Director-General of the Department of Justice is obtained.

4. WHERE WILL THE WITNESS BE KEPT WHILE ON THE PROGRAMME?

(a) The safety of the witness is the main criteria in determining where the witness will be kept. The standard of living maintained by the witness before admission to the Programme will be taken into account but is not decisive in determining the place or places of safety where the witness will be kept. The witness will be kept at a safe location but may be moved around. Accommodation may vary from case to case. In some instances the witness might stay at a hotel for a limited period, in state institutions, houses rented for this purpose of even furnished flats.

(b) If the need arises, the witness may be moved to another province for his or her safety. Only in exceptional circumstances will the witness be kept outside the borders of South Africa, if it is shown that the witness will not be safe if kept in a place of safety in South Africa.

(c) Steps to resettle the witness should be taken at the earliest possible moment. In many cases it should be possible to resettle the witness even before the court case is finalised. Even before a witness is admitted to the Programme the question of resettling should be canvassed with the witness.

(d) As a general rule, witnesses should not be kept in hotels or other places to which the public has access.

(e) Witnesses should be kept away from other witnesses.

5. CAN THE WITNESS BE REMOVED FROM THE PROGRAMME?

The witness/dependant will be removed from the Programme under the following circumstances:

• If the witness signs an application to be released from the Programme,
• If the Attorney-General concerned no longer regards the witness as a necessary witness.
• If the danger falls away.
• If the witness conducts himself/herself in a manner that cannot be reconciled with the allegation that he/she is in danger.
• If the witness refused to obey instructions.
• After the witness has testified.
• At any time if the witness is resettled.
• The day the criminal case is finalised.

6. WHAT HAPPENS TO THE WITNESS WHEN DISCHARGED FROM THE PROGRAMME?

(a) The witness must take all steps necessary to obtain employment and accommodation in order to become independent as soon as possible.

(c) The officers involved in the Witness Protection Programme may assist the witness in finding employment and accommodation.

(d) It should be explained to the witness that he/she should not expect to be financially better of after testifying than before he/she came on to the programme.

7. RESETTLEMENT

(a) A witness on the Programme will not be abandoned at the end of the case. If possible, the question of resettlement should be attended to even before the conclusion of the criminal case.

(b) If it is clear that a witness cannot return to his/her residence and place of employment after testifying, consideration should be given to resettling the witness in another area as soon as possible, preferably even before the witness testify.

(c) Resettlement can take place in any area where the witness will be safe. If employment can be found for the witness making him/her self sufficient, this should be arranged even before the witness testifies.

(d) Once a witness is resettled, he or she should become self sufficient as soon as possible.

(e) No provision exists in law enabling the State to assist witnesses after they have testified. It should be noted that a witness cannot be placed in a better position than the position enjoyed before admission to the Programme as this could undermine the Programme if construed as inducement to testify.

(f) If a person leaving the programme will experience problems, the member of the SAPS assisting that person should immediately bring such problems to the attnetion of the Office of the Witness Proctector.