RECORDING OF PHONE CALLS OR CONVERSATIONS

[StanCT]

In South Africa, is it considered lawful for any natural person or entity to record, or be in possession of a recording of, a conversation with me, whether telephonically or in person, without my knowledge or consent?

Not at all, or only if the recording is not distributed?

Is any such recording dismissable as legal evidence, if no prior steps of consent were followed?

For example: person has cell phone in pocket with recorder running while they discuss something with me and upon which we agree - unknown to me.

6 months later, we disagree on said issue and recording is produced by other party "as reminder of details our prior verbal agreement".

Could I in turn use this "unconsentual infringement on my privacy" to nullify "and conveniently free myself from" our verbal agreement.

I would best seek paid legal advice by experts in this area, but thought I'd first see whether anybody here has experience with this.

[John87]

As far as I know, if you and I are having a convo , as I am forming part of the convo, I may record without your consent. If I'm not part of the convo, it's illegal for me th record the convo. That was the legal answer from attorneys and lawyers on a legal group on FB.

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[wthang]

Yup as long as you are part of the conversation you can record and do not have to announce.

As far as Joe it holds up during legal preceedings in not sure.

[shooty]

I forgot the case name now. Couple years back there was the Business owner who hired people to have his wife murdered. Was all over the news. Anyhow he was caught and convicted with a recording made in his car discussing details with one of the other parties.

So believe can be used.

[lloydb]

Yip can be used in court. I used it once in a false case that was made against me and I had to appear in court. Lol when the other party found out I had a recording of the incident they were forced to recant their charges against me and also issue a formal apology to me. I had to get the recording transcribed for the court though and that was at my cost.

[vinmarvin]

Interesting subject. How would the court confirm authentacity of the recording? Voice analysis experts or digital correlation of voices in the recording?

Wonder if a good lawyer will not be able to argue that its inadmissable in court on technical issues i.e. time and date stamped, proof of the recording not tampered with or recorded at a different date using fake voices etc

[Vaal]

I was in a meeting with FSCA a while ago. I recorded the meeting on my phone. Afterwards I one of them told me that it is illegal but they would like a copy of it. According to him you are suppose to inform everybody in the meeting. I don't know how true his claims are.

[rsk]

Question..... would POPI impact the legality of a recording where one party was unaware of said recording being made?

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[pblaauw]

Question..... would POPI impact the legality of a recording where one party was unaware of said recording being made?

Why would it, you're not publicly sharing the PI data (and remember there is primary and secondary PI data). If you're not mentioning names, surnames, ID numbers etc., it has no bearing.

[batman69]

Agreed.

Totally legal to record a conversation that you a party to. Admissible in court to rebut adverse evidence.

Illegal to intercept a conversation though.


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