Tag archives: RICA

Legal professional privilege promotes the rule of law

Photo of Patrick Bracher (ZA)By Patrick Bracher (ZA) on Posted in General
In a matter regarding unlawful surveillance the Constitutional Court held that the proper functioning of our legal system is reliant on the confidentiality of communications between lawyer and client. That promotes the rule of law. Although originally sourced from the common law, legal professional privilege is now supported by the Constitution. The court reaffirmed a … Continue reading

Protection of journalists’ sources is supported by the Constitution

Photo of Patrick Bracher (ZA)By Patrick Bracher (ZA) on Posted in General
In the course of a judgment regarding unlawful surveillance, the Constitutional Court found that journalists’ sources of information require special consideration and must be protected against disclosure to the extent possible. Journalists are not expected to reveal the identity of their sources. Freedom of the media is a fundamental requirement for democracy and when journalists … Continue reading
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