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Constitutional Law [2023] ZACC 38

Savoi and Others v National Prosecuting Authority and Another (CCT 146/22)

Savoi and Others v National Prosecuting Authority and Another (CCT 146/22) [2023] ZACC 38; 2024 (1) SACR 343 (CC); 2024 (5) BCLR 653 (CC) (28 November 2023)

The Constitutional Court held that the appropriate procedure for considering documents allegedly protected by legal professional privilege in the context of a permanent stay application is an in camera review. This strikes a balance between the constitutional principles of open justice and legal professional privilege. The Court found that requiring proof of privilege at the interlocutory stage prejudges a central issue and is not necessary for determining the procedure. The in camera process does not entail permanent secrecy, as records can be made public if privilege is not established. The…

  • Legal Professional Privilege
  • Open Justice
  • In Camera Review
  • Superior Courts Act Section 32
  • Permanent Stay Of Prosecution
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