RECORDING OF CONVERSATIONS WITHOUT CONSENT
Question: May face to face conversations be recorded without consent? Answer: Yes, but only if the person recording the conversation without consent is a participant in the conversation. The interception of communication (which includes recordings) is regulated by the Regulation of Interception of Communications and Provision of Communication-Related Information Act of 2002 (RICA). RICA is very technical and deals with a wide variety of direct and indirect communications. For the purposes of answering our question, we shall focus only on the recording of conversations. The starting point of RICA is that communications may not be recorded without consent. However, no consent is required if the person who is recording the conversation is a party to the conversation and is not a law enforcement officer. Effectively, RICA permits unlimited monitoring, interception and recording of conversations by participants in conversations. To date there have been no reported judgments in which this has been challenged on the basis that it violates a person’s constitutional right to privacy. In S v Kidson, a criminal case dealing with RICA’s predecessor Act in 1999, an accomplice to a murder was given a voice-activated tape recorder to hide in his pocket by the police. The accomplice was then visited by Kidson at her house with the concealed recorder and recorded a conversation in which the details of the planning and execution of her husband’s murder were discussed. Kidson’s lawyers argued that the recording should not be allowed into evidence as it infringed the provisions of RICA’s predecessor Act and infringed Kidson’s constitutionally guaranteed right to privacy. Judge Cameron held that the purpose of the Act was to protect communications from eavesdroppers and not from participants. It looks like the legislature had the same intention with RICA. Incidentally, the same principles would apply in the case of participants in telephone conversations or other electronic communications. While parties may have a legal right to record conversations without consent in certain circumstances, this is not to be encouraged in the employment relationship. Not only is it discourteous, but it could harm the relationship of trust that should exist between employer and employee.
0 Comments
Read from the bottom.
From: Alec Seekola I understand. Hey we getting older now – we need to help each other out – in terms of socialising; grievances; etc. We need to gather our family (baby-ma; naigo; shandy-side and 514)– including Reggie & Rita (Naigo’s daughter). Just to meet; greet; coffee and chat. From: Tony Pillay I've haven't seen Anban in almost 10 years. Saras should have come because all the boys were there and we'd chatted about visiting their mother regularly. Alec Seekola Anban . . . I haven’t seen for long time. I met Saras abt a month ago at Bangladesh Market – she was not well either – after Krish passed on - the boys don’t come and see her From: Tony Pillay At my place. Was enjoyable although not all the family were represented. Missed Anban and Saras although we personally invited them. Congratulations to Bianca. Alec Seekola Eissshhh I didn’t get that sms bro. No problem though . . . I am sure that it was successful and must have been enjoyable. Where did your’ll have it? Sad I missed such a great occasion. But I’ll go and visit her. From: Tony Pillay Howzit Alec WoW. Don't know her contact. What happened to you for my mother's 86th birthday on the 25th May. I sent you an SMS ???? Stay well Tony Alec Seekola If I can get her number – will like to call her to wish her. On 7 June 2019 i was conversing with Uncle Jaya Gurriah on the telephone. He told me that Aunty Naigo celebrated 80 years of her life. the party was thrown by Rita (To-noon) and her husband at the Fairbreeze Hotel in Durban.
Naigo is sister to Baby; late Anjalai and late Boya. She was married to late Billy. Her children: Late Danny; Lovey; Rita; Daisy and Elaine. HAPPY BIRTHDAY AUNT NAIGO & GOD BLESS YOU! |