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Understanding the impact of the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002

9th December 2010

By: Creamer Media Reporter

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How might the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (RICA) impact upon the judicial discretion afforded to the courts when deciding on the admissibility of tape recordings in civil proceedings?


Imagine for a moment that an employee has a telephone conversation with a colleague ("X"). He confides his displeasure with the way he has recently been treated by the employer, and mentions that he could place a major contract in jeopardy. Some time later, the company he works for loses a major contract and now faces liquidation. It later transpires that the colleague had in fact recorded the conversation and has made the recording available to the employer for its investigation.

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