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In South Africa the interception, telephone call recording and monitoring of communications is governed by the Regulation of Interception of Communications and Provisions of Communications-Related Information Act, 70 of 2002 ("RICA"). In principle RICA provides that no person may intentionally intercept or attempt to intercept any communication in the course of its transmission in South Africa. This prohibition of interception applies to all persons, private or public.
RICA came into effect in September 2005. Regulation of telephone call recording in South Africa stipulates that the converstaion will then have to be done on the basis that the person or client is informed that the telephone conversation will be recorded for whatever purpose.
The basic rule is that a party to the conversation can record the telephone call conversation. Someone else can record with the consent of one party to the conversation.
South Africa legislation is the Regulation of Interception of Communications and Communication Related Information Act, 70 of 2002.
Relevant telephone call recording regulations in South Africa for interception of communication by party to communication
(1) Any person, other than a law enforcement officer, may intercept any communication if he or she is a party to the communication, unless such communication is intercepted by such person for purposes of committing an offence.
(2) Any law enforcement officer may intercept any communication if he or she is-
(a) a party to the communication; and
(b) satisfied that there are reasonable grounds to believe that the interception of a communication of another party to the communication is necessary on a ground referred to in section 16 (5) (a),
unless such communication is intercepted by such law enforcement officer for purposes of committing an offence.
Interception of communication with consent of party to communication
(1) Any person, other than a law enforcement officer, may intercept any communication if one of the parties to the communication has given prior consent in writing to such interception, unless such communication is intercepted by such person for purposes of committing an offence.
(2) Any law enforcement officer may intercept any communication if-
(a) one of the parties to the communication has given prior consent in writing to such interception;
(b) he or she is satisfied that there are reasonable grounds to believe that the party who has given consent as contemplated in paragraph (a) will-
(i) participate in a direct communication or that a direct communication will be directed to him or her; or
(ii) send or receive an indirect communication; and
(c) the interception of such direct or indirect communication is necessary on a ground referred to in section 16 (5) (a),
unless such communication is intercepted by such law enforcement officer for purposes of committing an offence.
Interception of indirect communication in connection with carrying on of business
(1) Any person may, in the course of the carrying on of any business, intercept any indirect communication-
(a) by means of which a transaction is entered into in the course of that business;
(b) which otherwise relates to that business; or
(c) which otherwise takes place in the course of the carrying on of that business,
in the course of its transmission over a telecommunication system.
(2) A person may only intercept an indirect communication in terms of subsection (1)-
(a) if such interception is effected by, or with the express or implied consent of, the system controller;
(b) for purposes of-
(i) monitoring or keeping a record of indirect communications-
(aa) in order to establish the existence of facts;
(bb) for purposes of investigating or detecting the unauthorised use of that telecommunication system; or
(cc) where that is undertaken in order to secure, or as an inherent part of, the effective operation of the system; or
(ii) monitoring indirect communications made to a confidential voice-telephony counselling or support service which is free of charge, other than the cost, if any, of making a telephone call, and operated in such a way that users thereof may remain anonymous if they so choose;
(c) if the telecommunication system concerned is provided for use wholly or partly in connection with that business; and
(d) if the system controller has made all reasonable efforts to inform in advance a person, who intends to use the telecommunication system concerned, that indirect communications transmitted by means thereof may be intercepted or if such indirect communication is intercepted with the express or implied consent of the person who uses that telecommunication system.
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