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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 23 : Witnesses

198. Privilege arising out of marital state

 

(1) A husband shall not at criminal proceedings be compelled to disclose any communication which his wife made to him during the marriage, and a wife shall not at criminal proceedings be compelled to disclose any communication which her husband made to her during the marriage.

 

(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.

[Section 198(2) substituted by section 8 of Act No. 45 of 1988]