Does this apply to instances where you record people doing something of which there's no conversation between myself & the people that I'm recording. For example, if I see SAPS beating somebody in the streets, am I allowed to take my phone out & start recording that? Thank you for the video🙏.
I'm not a law professional and hopefully you get a reply from the channel, but I doubt it applies as that's an entirely different thing. Someone abusing someone in a public place where you are able to see it is very different to if you were eavesdropping on someone else's conversation. One is done in public thus in a way anyone can get involved, one is private and thus it is between just those having the conversation.
If you are part of a conversation and the other party (eg. Boss) states that he doesn't give his consent to any recordings, can you still record that conversation???
Thank you for your comment, Michael. In terms of RICA section 4(1), you may record a conversation if you are a party to that conversation. I hope the above was informative!
In South Africa, it is legal to record conversations that you are a part of without informing the other parties. However, doing so without consent could be considered unethical and potentially breach company policies. It's advisable to check your company's policy on recording conversations and to seek consent where possible. If you require further assistance or information, please do not hesitate to get into contact with me via our website: Legal Leaders. We look forward to hearing from you!
Hello Noks You are allowed to record(audio or video) any conversation in which you are involved as a participant, without permission from the other participants. You may however only use the recording for justifiable reasons. I.e. For record purposes, in any labour, civil, criminal, etc., dispute. If you use the recording in any malicious manner which violates the dignity of the other party, it could land you in hot water.
Can you please post the actual act/section here for us to save? Question Aslam, should the employer become aware of you recording, and insist to stop, and you explain that you need the record drastically, since, maybe, you're outnumbered in the meeting, do you stop, and walk out? Since you can't see fair record of proceedings, especially when you have NO confidence in the company, or those present to give a fair/true reflection/report of discussions?
@@legalleaderssouthafricanla7309 Please give a example of a justifiable reason and another example compared to a situation that can land someone in hot water, because the only reason most people would record their boss is when their boss is lying based on something like being treated unfairly or discriminated against unfairly, so for example if a boss built a case against a worker and accused the worker of theft knowing the worker didn't steel , takes the worker to a hearing , but just before the hearing, the boss brags about it and their power and how they will fire the worker in the up and coming hearing knowing the worker is not guilty......And that same worker records the boss in a 2 way party conversation with the boss (non consent recording) , would that recording work against or in favor of the worker if the boss lies to the court , if the matter was taken to the ccma