Sign Up to Our Newsletter
Subscribe
Primary Menu Search
  • Entertainment
    • Celebrity News
  • Fashion and Beauty
    • Hair
    • Beauty
    • Fashion
    • Weddings
  • Lifestyle
    • Love & Relationships
    • Parenting
    • Motoring
    • Food
    • Travel
      • Travel News
      • Property
  • Health & Wellness
    • Diet
    • Fitness
    • Health
  • Work & Money
    • Finance
    • Career
  • Sports
    • Soccer Mag
    • Sa Rugby Mag
    • Sa Cricket Mag
    • Compleat Golfer
    • American Sports
    • Multi Sport
  • Deals
    • Deals in Cape Town
    • Deals in Johannesburg
    • Deals in Durban
    • Deals in Pretoria
    • Deals in Port Elizabeth
    • Experiences
  • Pork Recipes
  • Africapicks

Is secretly recording a conversation legal in SA? KZN lawyer breaks it down

by Chumasande Matiwane
Picture: Pexels

Secretly recording a conversation may feel like a legal minefield, but South African law does not impose a blanket ban on recording conversations without telling everyone involved. 

Also see: Illegal immigrant gets 6 year-sentence for using SA ID to work local job

Dharini Rangasamy, a director of Rangasamy Attorneys Inc, posted a clip online which drew thousands of viewers hungry for answers. 

In the video, Rangasamy’s central point was simple but was misunderstood; she said, “Being told ‘you can’t record me without my permission’ is not always legally accurate in South Africa.” 

@mylawyerdharini Yes, you can record people without their permission 🍵 #rangasamyattorneysinc #thelegaltea #rica #privacylaw #popia ♬ original sound – Rangasamy Attorneys Inc ⚖️

What the law says

The key legislation is the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (RICA). It says under section 4(1), a person who is a party to a communication may generally record it without obtaining the other participant’s consent.  

There is, however, an important exception: the recording may not be made for the purpose of committing an offence. 

If you are speaking to someone face-to-face, on the telephone or through another form of communication and you decide to record the conversation, section 4(1) of RICA generally permits this because you are a party to the communication. 

Also see: Jacinta Ngobese-Zuma says 25 anti-illegal immigration marches are going ahead

The definition of a “party to the communication” is also important. For direct communications, RICA includes a person participating in the conversation, as well as certain people in whose immediate presence an audible communication occurs. 

In simpler terms, if you are part of the conversation, the law generally allows you to record it without informing the other participant, provided you are not doing so for the purpose of committing an offence. 

If you are not part of the conversation, do not assume that you can secretly record it. Different rules and authorisations may apply. 

Also see: Mel Viljoen opens up about her appeal for donations towards Peet Viljoen’s legal fees

Featured image: Pexels

Be the first to know – Join our WhatsApp channel for content worth tapping into. Click here to join!

More from Lifestyle

6 Surprising benefits of choosing to be more patient

Lifestyle hacks to help prepare for a smooth transition into spring

Tiny habits that can sharpen your concentration and focus

Top 5 reasons why you should embrace boredom

    Primary Menu

    • Entertainment
      • Celebrity News
    • Fashion and Beauty
      • Hair
      • Beauty
      • Fashion
      • Weddings
    • Lifestyle
      • Love & Relationships
      • Parenting
      • Motoring
      • Food
      • Travel
        • Travel News
        • Property
    • Health & Wellness
      • Diet
      • Fitness
      • Health
    • Work & Money
      • Finance
      • Career
    • Sports
      • Soccer Mag
      • Sa Rugby Mag
      • Sa Cricket Mag
      • Compleat Golfer
      • American Sports
      • Multi Sport
    • Deals
      • Deals in Cape Town
      • Deals in Johannesburg
      • Deals in Durban
      • Deals in Pretoria
      • Deals in Port Elizabeth
      • Experiences
    • Pork Recipes
    • Africapicks

    • Contact Us
    • Terms and Conditions
    • Privacy Policy
    • Cookies Policy
    CAPE TOWN OFFICE: 15th Floor, The Box, 9 Lower Berg Street, Cape Town 8001, Western Cape > Telephone: (021) 416 0141
    © Copyright 2026 Bona Magazine
    ×

    SEARCH

    ×