CIVIL EVIDENCE ACT [Chapter 8:01] as at 1st May 2007 (b) a client’s employee or agent and the client’s legal practitioner or the legal practitioner’s employee or agent; where the confidential communication was made for the purpose of enabling the client to obtain, or the legal practitioner to give the client, any legal advice. (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 — 6 —