(a) Privileged evidence is excluded because it is irrelevant.

(b) For obvious reasons, private privilege not only exists during the trial, but also during all pre-

trial procedures.

(c) According to Magmoed v Janse van Rensburg 1993 (1) SACR 67 (A), a witness must be

informed about his or her privilege against self-incrimination unless, based on the facts of

the case, he or she could be expected to be aware of this privilege.

(d) If an agent or independent third party provides information to a legal advisor, that

communication will be privileged, in other words, the client can prevent such a person from

revealing the information.

Answer 10

(1) All the statements are correct.

(2) Only statement (a) is correct.

(3) Only statements (b) and (c) are correct.

(4) Only statement (d) is correct.

(5) None of the statements is correct.