Yes, South African law robustly recognizes legal professional privilege as a fundamental, substantive right essential for the proper functioning of the justice system. The privilege belongs to the client, not the lawyer, and fosters full and frank communication by protecting confidential disclosures made for legal advice or litigation from being compelled.

South African law recognizes two primary forms of privilege. The first, legal advice privilege, protects confidential communications between a client and their legal adviser. For this privilege to apply, several strict requirements must be met: The communication must be with a legal adviser acting in a professional capacity; it must be made in confidence; its purpose must be for seeking or providing legal advice, which includes advice on what should prudently be done in the relevant legal context; and the client or their representative must claim the privilege.

The second form, litigation privilege, has a broader scope, protecting communications that come into existence for the dominant purpose of pending or contemplated litigation. It covers communications with third parties, such as expert witnesses, and protects items like instructions and interim reports (Mason v. Mason NO). The Supreme Court of Appeal definitively adopted the dominant purpose test in Ibex RSA Holdco Ltd v. Tiso Blackstar Group (Pty) Ltd.

Additionally, the law protects communications made in a genuine attempt to settle a dispute under "without prejudice" privilege. Such communications cannot be disclosed in court without both parties' consent, thereby encouraging open settlement negotiations (AD v. MEC for Health and Social Development, Western Cape).