Assignment 02 – (Semester 1 2026)
Due date: 01 APRIL 2026
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, QUESTION 1.1
1.1 Critically discuss the concept of Just excuse as a legal ground for refusing
to disclose information when subpoenaed under Section 205 of the Criminal
Procedure Act 51 of 1977. In your answer, refer to privilege against self-
incrimination, legal professional privilege, infringements of rights and
privileged information.
Section 205 of the Criminal Procedure Act 51 of 1977 provides the legal authority to
subpoena individuals to provide information relevant to criminal investigations. This
provision is commonly used when individuals refuse to voluntarily disclose
information that may assist in solving crimes. Although section 205 grants wide
powers to investigators, individuals may refuse to disclose information if they have a
legally recognised “just excuse”. The concept of just excuse is important because it
balances the state’s investigative powers with the protection of individual rights and
confidential relationships. The recognised just excuses include privileged
information, legal professional privilege, privilege against self-incrimination and
infringement of constitutional rights (UNISA 2022:21–22).
Privileged information forms one of the most important just excuses. Privileged
information refers to confidential information that the law protects from disclosure.
The criminal justice system recognises that certain relationships require
confidentiality to function effectively, and therefore the disclosure of such information
is restricted. This protection ensures fairness and prevents abuse of power during
criminal investigations. Privileged information includes confidential communication
between professionals and clients, and in some cases, information provided to
journalists. Protecting such information promotes trust and encourages individuals to
provide information without fear of disclosure (UNISA 2022:21).
Legal professional privilege is another recognised just excuse. Legal professional
privilege protects confidential communication between legal practitioners and their
clients. This privilege is essential because clients must be able to communicate
freely with their legal representatives without fear that their communication will later
be disclosed. Legal professional privilege belongs to the client and may only be
waived by the client. If a legal practitioner discloses privileged information without