MADLANGA J surveillance of lawyers limits the rights to a fair hearing and trial, respectively guaranteed under sections 34 and 35(3) of the Constitution. That, of course, is in addition to limiting the right to privacy. The applicants then sought an order declaring RICA unconstitutional to the extent that it does not expressly address the circumstances where a subject of surveillance is either a practising lawyer or journalist. The High Court agreed. [113] Before us the applicants clarified that invoking sections 16, 34 and 35(3) is not meant to constitute three discrete constitutional challenges. Rather, this must be considered within the scope of the section 36 enquiry. In other words, the argument that RICA’s limitation of the right to privacy is not reasonable and justifiable is buttressed by the interplay between the rights protected by these sections and the privacy right. [114] Let me preface whatever I am going to say about this challenge by making this point. To state the obvious, it can never be suggested that practising lawyers and journalists should not be subjected to surveillance, which includes the interception of their communications. They are not immune to the very same type of conduct that justifies the surveillance of other members of society. There may be reasonable grounds of suspecting them of being guilty of, for example, serious criminality or conduct that places the security of the Republic at serious risk. Indeed, in certain instances they may actually be guilty of such conduct. [115] I agree that keeping the identity of journalists’ sources confidential is protected by the rights to freedom of expression and the media. This Court has acknowledged the constitutional importance of the media in our democratic society, and has confirmed that “[t]he Constitution thus asserts and protects the media in the performance of their obligations to the broader society, principally through the provisions of section 16”.148 It follows that the confidentiality of journalists’ sources, which is crucial for the 148 Khumalo above n 54 at para 24. 61