ARE WHATSAPP VOICE NOTES ADMISSIBLE IN COURT?

WhatsApp voice notes have become a common way to communicate, and they are increasingly finding their way into legal disputes. The key question is whether they can serve as evidence in court. In short: yes, they can be admitted, provided they meet the usual requirements of relevance, reliability, and authenticity.

Admissibility, Authentication and Legal Concerns

Courts treat a WhatsApp voice note like any other form of electronic evidence. The Electronic Communications and Transactions Act 25 of 2002 (ECTA) recognises that evidence in electronic form should not be excluded merely because it is digital. That said, the party relying on a voice note must still show that it is what they say it is, and that it can be trusted.

In practical terms, this means proving who the speaker is and that the audio has not been altered. Authentication can be established in several ways, including evidence from the recipient confirming how and when the voice note was received, identifying the speaker’s voice, placing it in context with surrounding messages, and, in more contested matters, obtaining forensic assistance to confirm the integrity of the file. Where possible, it is best to preserve and present the original voice note on the device (or in a properly exported format) rather than relying only on forwarded copies.

Two common legal issues arise. The first is hearsay: a voice note may be hearsay if it is tendered to prove the truth of what was said by someone who is not called to testify. Under the Law of Evidence Amendment Act 45 of 1988, hearsay is not automatically admissible, and a court will consider whether admitting it is in the interests of justice.

The second is privacy. The Constitution protects privacy, and RICA regulates the interception of communications. While using a voice note you lawfully received is generally very different from unlawfully intercepting communications you were never meant to access, disputes can arise where evidence is obtained through improper means, and those circumstances should be approached with caution.

A Real Case: B v B (2358/2024) [2025] ZAFSHC 256 (25 August 2025)

A recent decision from the Free State High Court illustrates how WhatsApp voice notes can feature in litigation. In B v B (2358/2024) [2025] ZAFSHC 256 (25 August 2025), a WhatsApp voice note formed part of the evidence before the court, with the message ending: “you and your company don’t have the money to fight me”. The court considered the voice note in context, demonstrating that digital communications can be weighed on their merits where authenticity is not genuinely in dispute.

WhatsApp voice notes can capture candid admissions, threats, agreements, and tone in a way text often cannot. When properly obtained and authenticated, they can be pivotal evidence across many kinds of disputes. The key is laying a proper foundation so the court can be satisfied that the recording is genuine, reliable, and fair to admit.

Gittins Attorneys provides legal support across disputes and advisory work where digital communications increasingly form part of the factual picture from drafting and litigation strategy to urgent applications, settlement negotiations, and enforcement. We assist clients not only to use electronic evidence effectively, but also to respond when such evidence is used against them, ensuring the matter is handled lawfully, strategically, and with a clear eye on outcome.