IRM1501
ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 19 SEPTEMBER 2025
, Introduction to Research Methodology for Law and Criminal Justice
CASE SUMMARY
Case Name and Citation
Global & Local Investment Advisors (Pty) Ltd v Nickolaus Ludick Fouché
Case No: 71/2019
Neutral Citation: [2020] ZASCA 8; 2021 (1) SA 371 (SCA)
Date of Judgment: 18 March 2020
Court: Supreme Court of Appeal of South Africa (SCA)
1. Facts of the Case
Mr Nickolaus Ludick Fouché, a mining consultant, had entered into a written investment
mandate with Global & Local Investment Advisors (Pty) Ltd (hereafter "Global"), a
registered financial services provider. The mandate, dated 23 November 2015,
authorized Global to invest and manage Mr Fouché’s funds in a Corporate Cash
Manager (CCM) account opened in his name with Investec Bank. The management of
this account was to be carried out by Global on Mr Fouché’s behalf for a fee.
A critical condition in the mandate was that all instructions from Mr Fouché regarding
transactions or fund transfers had to be sent either by fax or email, and must
include the client’s signature. The specified channels for communication were a
designated fax number and a particular email address belonging to Global.
In August 2016, fraudsters hacked into Mr Fouché’s Gmail account and, pretending
to be him, sent three email instructions to Global. These emails, sent on 15, 18, and 24
August 2016, requested that various amounts be transferred to third-party accounts
held at First National Bank. The total amount transferred by Global as a result of these
instructions was R804,000.
The emails appeared legitimate in that they were sent from Mr Fouché’s actual email
address. However, they did not contain any signature, either handwritten or digital,
ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 19 SEPTEMBER 2025
, Introduction to Research Methodology for Law and Criminal Justice
CASE SUMMARY
Case Name and Citation
Global & Local Investment Advisors (Pty) Ltd v Nickolaus Ludick Fouché
Case No: 71/2019
Neutral Citation: [2020] ZASCA 8; 2021 (1) SA 371 (SCA)
Date of Judgment: 18 March 2020
Court: Supreme Court of Appeal of South Africa (SCA)
1. Facts of the Case
Mr Nickolaus Ludick Fouché, a mining consultant, had entered into a written investment
mandate with Global & Local Investment Advisors (Pty) Ltd (hereafter "Global"), a
registered financial services provider. The mandate, dated 23 November 2015,
authorized Global to invest and manage Mr Fouché’s funds in a Corporate Cash
Manager (CCM) account opened in his name with Investec Bank. The management of
this account was to be carried out by Global on Mr Fouché’s behalf for a fee.
A critical condition in the mandate was that all instructions from Mr Fouché regarding
transactions or fund transfers had to be sent either by fax or email, and must
include the client’s signature. The specified channels for communication were a
designated fax number and a particular email address belonging to Global.
In August 2016, fraudsters hacked into Mr Fouché’s Gmail account and, pretending
to be him, sent three email instructions to Global. These emails, sent on 15, 18, and 24
August 2016, requested that various amounts be transferred to third-party accounts
held at First National Bank. The total amount transferred by Global as a result of these
instructions was R804,000.
The emails appeared legitimate in that they were sent from Mr Fouché’s actual email
address. However, they did not contain any signature, either handwritten or digital,
