consideration that no innocent man should be convicted of a crime, see S v Safatsa2. In this regard see also Mahomed
v President of the Republic of South Africa & Ors 2001 (2) SA 1145 (C) at pages 1151 and 1152
1155. The
sanctity of the lawyer-client privilege and the need to minimise in-roads into that privilege is emphasised in a
number of Canadian cases that were cited by the applicant.3
It is also very clear from the cited authorities that the privilege is not absolute. The following are some of the
recognised exceptions to the rule:
(a) the right of the accused to fully defend themselves;
(b) communications that are criminal in themselves or that are intended to obtain legal advice to facilitate criminal
activities;
(c) when safety of the public is at risk.4
In Zimbabwe the lawyer-client privilege is provided for in a statute. Section 8 of the Civil Evidence Act [Chapter
8:01], which protects the lawyer-client privilege provides as follows:-
8. (1) In this section
client , in relation to a legal practitioner, means a person who consults or employs the legal practitioner
in his professional capacity ;
confidential communication means a communication made by such a method or in such circumstances
that, so far as the person making it is aware, its contents are disclosed to no one other than the person to
whom it was made;