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Civil Proceedings Evidence Act, 1965 (Act No. 25 of 1965)

Part II : Admissibility of Evidence

10. Husband and wife not compellable to disclose communications between them

 

(1) No husband shall be compelled to disclose any communication made to him by his wife during the marriage and no wife shall be compelled to disclose any communication made to her by her husband during the marriage.

[Section 10 renumbered to 10(1) by section 4 of Act No. 45 of 1988]

 

(2) Subsection (1) shall also apply to a communication made during the subsistence of a marriage or a putative marriage which has been dissolved or annulled by a competent court.

[Subsection (2) inserted by section 4 of Act No. 45 of 1988]