LCP4805
ASSIGNMENT 2 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: 9 APRIL 2025
, LCR4805 ASSIGNMENT 2 – MEMORANDUM
Due Date: 9 April 2025
Semester 1
QUESTION 1
Legal Issue
Can the person who cloned Karabo’s bank card and withdrew R50,000 be charged with
fraud?
Definition of Fraud
Fraud is defined as the unlawful and intentional making of a misrepresentation that
causes actual or potential prejudice to another.
Fraud and Misrepresentation to a Computer Terminal
The question arises whether misrepresentation must be made to a human being.
In S v Harper 1981 (2) SA 638 (D), the court held that misrepresentation to a
computer can qualify as fraud if the ultimate prejudice is to a human being.
A computer does not have understanding and therefore cannot be “misled” in the
literal sense. However, the misrepresentation that leads to the computer
processing false information resulting in human prejudice is sufficient for
fraud.
This reasoning was confirmed in academic commentary and case law indicating
that misrepresentation does not require a conscious recipient.
Alternative Crimes (if fraud is not applicable)
If fraud cannot be established, other applicable crimes include:
ASSIGNMENT 2 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: 9 APRIL 2025
, LCR4805 ASSIGNMENT 2 – MEMORANDUM
Due Date: 9 April 2025
Semester 1
QUESTION 1
Legal Issue
Can the person who cloned Karabo’s bank card and withdrew R50,000 be charged with
fraud?
Definition of Fraud
Fraud is defined as the unlawful and intentional making of a misrepresentation that
causes actual or potential prejudice to another.
Fraud and Misrepresentation to a Computer Terminal
The question arises whether misrepresentation must be made to a human being.
In S v Harper 1981 (2) SA 638 (D), the court held that misrepresentation to a
computer can qualify as fraud if the ultimate prejudice is to a human being.
A computer does not have understanding and therefore cannot be “misled” in the
literal sense. However, the misrepresentation that leads to the computer
processing false information resulting in human prejudice is sufficient for
fraud.
This reasoning was confirmed in academic commentary and case law indicating
that misrepresentation does not require a conscious recipient.
Alternative Crimes (if fraud is not applicable)
If fraud cannot be established, other applicable crimes include:
