The test to determine whether a document that is brought into existence for different purposes, only one of which is to obtain legal advice for contemplated litigation, is protected by legal professional privilege has previously not been decided by the South African Supreme Court of Appeal.  The law is now clear that legal privilege only

This blog was co-authored by Neshalia Nayagar and Eric Geldenhuys, Candidate Attorneys.

Legal professional privilege attaches to communications between a client and their attorney.  Where the privilege applies, documents are shielded from disclosure to other parties or in the public domain. 

In Ibex v Tiso Blackstar & Others the Supreme Court of Appeal, in its

A party to litigation can assert legal privilege when documents or any other evidence is obtained or brought into existence for purposes of such party’s submission to a legal advisor for legal advice and litigation is pending or contemplated as likely at the time.

The facts in this case unpacked the principles of legal privilege.

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