Access to recording of cell phone telephonic conversation
I need a recording from my cell phone company of my conversation between me and a third party in Johannesburg who applied for a loan to me as a loan broker in the Eastern Cape, as proof that I gave telephonic instructions to him to whom to go in Johannesburg to apply for a loan because he needed the funds urgently. He was at the point of traveling to me in the Eastern Cape. I phone him To save him all the expenses and told him to whom to go. He signed my Power Of Attorney to Act on his behalf and will pay me for services rendered if the loan he applied for pays out.
He received his loan from the company I told him to go to. He now refuses to pay me stating that I did not give him the company’s name and he did an online application.
The cell phone company tells me that I need a court order instructing them to release the recording of the conversation between him and me. Is it possible that I can apply to the Court myself due to lack of funds, I am a pensioner, and how must I go about it.
Yes, you can apply for the record you seek in terms of The Promotion of Access to Information Act, 2 of 2000. The purpose of the legislation is to give both natural and juristic persons the right of access to records held by a private or public company. You therefore have to apply to court for an order authorising the company to release the record to you however, you must satisfy the court that the reason why you need the information is for the exercise or protection of a right.So, the information will not be furnished to you unless you clearly furnish sufficient particulars to enable the company to identify the right you are seeking to protect or exercised.
A lawyer will be able to guide you appropriately but owing to the financial challenge you currently face, I will suggest you speak to a probono attorney or visit any probono facility near you. For example, WWW.PROBONO.ORG