Lawyers representing Malusi Gigaba wrongly argued that Nomachule Mngoma shouldn't testify at the Zondo commission due to marital privilege. Marital privilege lawsMalusi Gigaba's lawyer Richard Solomons, an experienced lawyer, also tried his luck unsuccessfully at playing ignorance of the law relating the country's marital privilege laws. "Communications that took place between Mr and Mrs Gigaba (Mngoma) within the marital privilege context should not be aired in public. Solomon's argument that marital privilege applies to non-criminal proceedings such as the Zondo Commission could make a good test case. Still, it does not represent the proper understanding of the South African law on marital privilege.

Source: News 24 April 29, 2021 03:11 UTC