In South Africa, the recordings of communications are regulated
by the Regulation of Interception of Communications and
Provision of Communication-Related Information Act of
2002 (known as RICA) and in terms of the Act, generally, no
person may record a conversation without consent.
When can you record a conversation without consent?
The Act sets out certain exceptions to the abovementioned rule.
In terms of Section 4 of the Act, you may record a conversation
without consent if:
- you are a party to the conversation;
- you have the prior written consent of at least one of the
parties to the conversation; or
- the conversation relates to, or occurs in the course of, the
carrying on of your business.
