Judgment No. SC 15/18 Civil Appeal No. SC 266/15 Appellant alleges that the court a quo erred by admitting exhibit 5, the letter it wrote to its legal practitioners, as evidence as this was in contravention of s 8(2) of the Civil Evidence Act. The provision states: “(2) No person shall disclose in evidence any confidential communication between— (a) a client and his legal practitioner or the legal practitioner’s employee or agent; or (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.” Although the respondent stated that he was given the letter by Chitauro, it was evident that the appellant and Chitauro had not parted on the best of terms. The court a quo stated that it was inclined to accept the argument from the respondent that the former had allowed the letter to fall into the hands of the respondent and that as a result it had tacitly waived the privilege afforded under the Act. In Law Society v Minister of Transport & Communications & Anor 2004 (1) ZLR 257 (S) at 261F-G, CHIDYAUSIKU CJ, had occasion to comment as follows: “The court was referred to a wide range of authorities that underpinned the importance and significance of the lawyer client privilege. In the case of Baker v Campbell (1983) 153 52(HCA) it was held that the privilege existed not simply in relation to litigation but to advice sought between a client and a lawyer so that the client can regulate his affairs. In another case cited to this court, it was held that the privilege between lawyer and client even overrode the policy consideration that no innocent man should be convicted of a crime –see S v Safatsa & Ors 1988 (1) SA 868(A), at pp 878-887. In this regard, see also Mahomed v President of the Republic of South Africa & Ors 2001(2) SA 1145(C) at pp 1151-1155. The sanctity of the lawyer-client privilege and the need to minimize inroads into that privilege are emphasized in a number of Canadian cases that were cited by the applicant.” The court a quo held that the appellant waived its privilege by allowing the respondent to have possession of the letter. Clearly the letter is a communication between a legal 10