Section 290: Privilege for Court proceedings

290. Privilege for Court proceedings (1) No civil or criminal action, suit or other proceeding for defamation or insult (injure) shall lie against— (a) — (b) a member of the Ministère Public, a State Prosecutor, or the State Attorney for anything said or written by him in his official capacity; (c) a barrister or advocate for anything said by him as Counsel for a party to any judicial proceeding; (d) a witness for anything said by him in giving evidence; (e) any person being a party to proceedings before any Court, or any attorney or agent of such party, for words spoken or writings produced in the course of such proceedings before such Court. (2) In the case of words spoken or of writings produced before any Court, defamatory allegations, foreign to the cause at issue, may give rise, either to a public prosecution, or to a civil action by the parties in the suit, where the right to such action has been reserved to such parties by the Court, and may, in every case, give rise to a civil action from a third party. [S. 290 amended by Act 48 of 1991.]