(3) No person shall disclose in evidence any confidential communication between a client, or his employee or agent, and a third party, where the confidential communication was made for the dominant purpose of obtaining information or providing information to be submitted to the client’s legal practitioner in connection with pending or contemplated legal proceedings in which the client is or may be a party. (4) No person shall disclose in evidence any confidential communication between a client’s legal practitioner, or his employee or agent, and a third party, where the confidential communication was made for the dominant purpose of obtaining information or providing information for the client’s legal practitioner in connection with pending or contemplated legal proceedings in which the client is or may be a party. (5) The privilege from disclosure specified in this section shall not apply— (a) if the client consents to disclosure or waives the privilege; or (b) if the confidential communication was made to perpetrate a fraud, an offence or an act or omission rendering a person liable to any civil penalty or forfeiture in favour of the State in terms of any enactment in force in Zimbabwe; or (c) after the death of the client, if the disclosure is relevant to any question concerning the intention of the client or his legal competence. (6) Any evidence given in contravention of this section shall be inadmissible. 9 Privilege of confidential communications (1) In this section— “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; “interested person”, in relation to a confidential communication, means a person, to whom, by whom, about whom or on whose behalf the confidential communication was made. (2) Without derogation from section eight, no person shall disclose in evidence any confidential communication if the court has directed that it should not be disclosed, the court being satisfied that its disclosure would cause harm to— (a) an interested person; or (b) the relationship between interested persons; or (c) any relationship similar to that referred to in paragraph (b); and that the harm would outweigh any prejudice to the parties or to the interests of justice that might be caused by the non-disclosure of the confidential communication. (3) In determining whether or not a confidential communication should or should not be privileged from disclosure in terms of subsection (2), a court shall have regard to— (a) the importance of the evidence in the proceedings; and (b) the extent, if any, to which the contents of the confidential communication have already been disclosed; and (c) whether an interested person has consented to the disclosure of the confidential communication; and (d) the nature of the cause of action and the subject matter of the proceedings; and (e) any means available to limit the publication of the evidence, whether in terms of the Courts and Adjudicating Authorities (Publicity Restriction) Act [Chapter 7:04] or otherwise. (4) Any evidence given in contravention of this section shall be inadmissible. 10 Privilege in public interest (1) A court may declare any evidence to be privileged in the public interest if the court is satisfied— (a) that it would be detrimental to the public interest for the evidence to be given; and (b) that such detriment would outweigh any prejudice to the parties or to the interests of justice that might be caused by non-disclosure of the evidence. (2) No person shall give any evidence in civil proceedings if the court has declared the evidence to be privileged in the public interest in terms of subsection (1). (3) For the purpose of subsection (1), but without limiting it, public interest includes matters that relate to— (a) the security or defence of the State; or (b) the proper functioning of the Government; or (c) international relations; or (d) confidential sources of information which are concerned with the enforcement or administration of the law; or (e) the prevention or detection of offences or contraventions of the law. (4) For the purpose of determining whether or not any matter should be declared privileged in terms of subsection (1), and in weighing up the balance of interests referred to therein, the court shall have regard to— (a) the likely effect on the public interest if the matter concerned is disclosed; and