MADLANGA J performance by the media of their obligations, is protected by section 16(1)(a). Like the High Court, I place reliance on Tsoka J who held as much in Bosasa. Relying on local and foreign authorities, he put it thus: “[I]t is apparent that journalists, subject to certain limitations, are not expected to reveal the identity of their sources. If indeed freedom of press is fundamental and sine qua non for democracy, it is essential that in carrying out this public duty for the public good, the identity of their sources should not be revealed, particularly, when the information so revealed, would not have been publicly known. This essential and critical role of the media, which is more pronounced in our nascent democracy founded on openness, where corruption has become cancerous, needs to be fostered rather than denuded.”149 [116] I agree with the applicants that legal professional privilege is an essential part of the rights to a fair trial and fair hearing. This Court in Thint held: “The right to legal professional privilege is a general rule of our common law which states that communications between a legal advisor and his or her client are protected from disclosure, provided that certain requirements are met. The rationale of this right has changed over time. It is now generally accepted that these communications should be protected in order to facilitate the proper functioning of an adversarial system of justice, because it encourages full and frank disclosure between advisors and clients. This, in turn, promotes fairness in litigation. In the context of criminal proceedings, moreover, the right to have privileged communications with a lawyer protected is necessary to uphold the right to a fair trial in terms of section 35 of the Constitution, and for that reason it is to be taken very seriously indeed.”150 [117] This means that, although originally sourced from the common law, legal professional privilege is now undergirded by the Constitution. The proper functioning of our legal system is reliant on the confidentiality of communications between lawyer and client. That in turn promotes the rule of law. Thus the wholesale interception of 149 Bosasa above n 38 at para 38. 150 Thint above n 116 at para 184. 62