“Thanks for the Clarity”: KZN Lawyer Explains When SA Law Allows Secret Recordings, Mzansi Reacts
- Durban-based lawyer Dharini Rangasamy posted a TikTok explaining when South Africans are legally allowed to record conversations without consent
- Rangasamy broke down the key distinction in South African law between recording a conversation you are part of versus intercepting one you are not
- South Africans flooded the comments with legal questions about workplace recordings, medical consultations, and camera eyewear
- Briefly News reached out to Durban-based attorney Dharini Rangasamy to break down South Africa's consent and recording laws
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Source: TikTok
A Durban lawyer has sparked a heated legal discussion online after posting a TikTok video clearing up one of South Africa’s most misunderstood laws. Dharini Rangasamy, director of Rangasamy Attorneys Inc., posted the clip on 25 July 2026 under her series called Legal Tea, and it quickly drew thousands of viewers hungry for answers.
Rangasamy’s central point was simple but widely misunderstood: being told “you can’t record me without my permission” is not always legally accurate in South Africa.
What SA law says
According to Rangasamy, South African law generally permits a person to record a conversation they are actively part of, without informing the other party. This applies whether the conversation is happening in person or over the phone.
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This principle is rooted in the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA), Act 70 of 2002, which governs the interception of private communications in South Africa. Under RICA, intercepting a communication you are not a party to is unlawful. However, recording a conversation you are participating in falls outside the definition of unlawful interception.
This is precisely why recordings regularly surface in labour disputes, divorce proceedings, commercial disagreements, and criminal cases. Rangasamy noted three situations where people do cross a legal line: secretly recording conversations between others, planting a recording device in a room to capture people without their knowledge, and intercepting private communications you have no part in.
Dharini Rangasamy speaks to Briefly News
Dharini Rangasamy told Briefly News that the statement “you cannot record me without my consent” is usually presented as an absolute rule, but “the actual legal position is much more nuanced, which made it a perfect topic for the series.”
She addressed viewer confusion around specific scenarios, noting that under RICA, the main question remains whether you are a party to the conversation. However, she cautioned that making a lawful recording does not automatically guarantee its use in legal disputes.
“A recording being lawful under RICA does not automatically make it admissible or decisive evidence,” she said.
Rangasamy added that courts must still evaluate issues like relevance and authenticity, confirming that the overwhelming response will inspire follow-up content.
“There are definitely enough questions from the comments for a follow-up video.”
Watch Dharini Rangasamy break down South Africa’s recording laws on TikTok:
Mzansi reacts to the legal breakdown
The video struck a chord, with viewers sharing personal scenarios and pushing for more clarity.
@Suuu’duuude asked:
“Does the same go for video recordings?”
@Okasa wanted to know:
“I have video evidence between a doctor and myself. Can this be used as evidence?”
@zebediaskingzebrah simply wrote:
“At least I learned something today.”
@Kgoshigadi R asked:
“The eyewear that has cameras recording, are those legal?”
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Source: Briefly News
