Avontuur & Associates Inc and Another v Chief Magistrate, Outshoorn: Magistrate Court and Others (20444/2010)
Avontuur & Associates Inc and Another v Chief Magistrate, Outshoorn: Magistrate Court and Others (20444/2010) [2012] ZAWCHC 94; 2013 (1) SACR 615 (WCC) (6 June 2012)
The court found that the applicants' claim to privilege over the seized files was not genuine and was inimical to the interests of the Municipality, the true client. The applicants had disclosed the substance of advice from their cost consultant, Mari Roux, in invoices and supporting documents, which constituted an express or imputed waiver of privilege. The court held that privilege does not automatically attach to all documents in an attorney's file and must be claimed specifically. The chief magistrate had sufficient sworn evidence before him to authorize the search warrants under section…
Source excerpt
- Search And Seizure
- Legal Professional Privilege
- Review Of Magistrate Decision
- Fraud Investigation
- Attorney Client Privilege