, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
Please also note that the author of this document will not be responsible for any plagiarism you
commit.
QUESTION 1
1. Karabo consults you as his attorney for advice. An unknown person cloned his bank card and
made a withdrawal of R50 000-00 from his bank account. He wants to know whether this person,
when he is identified and taken into custody, can be charged with the crime of fraud? Advise
him on his options. In your discussion, you should refer to the following:
The definition of fraud.
Whether fraud is possible by making a misrepresentation to a computer terminal. Does the
latter have “understanding”? Can it be “misled”?
If fraud will not work, what crime (s) should a person making a withdrawal from someone
else’s account with a false card be charged with?
In your answer you should refer to the position before and after the Cybercrimes Act 19 of 2020.
You should also refer to relevant case law and the opinions of legal commentators.
Legal Remedies for Unauthorised Withdrawals via Card Cloning: Fraud, Theft, and
Cybercrime in South African Law
Introduction
The unauthorised withdrawal of R50,000 from Karabo’s bank account via a cloned card presents a
complex legal scenario that intersects traditional criminal law and modern cybercrime legislation. As
digital banking becomes increasingly prevalent, so too do sophisticated financial crimes that exploit
technological vulnerabilities. This discussion provides a comprehensive analysis of the legal
remedies available to Karabo, focusing on whether the perpetrator can be charged with fraud, the
applicability of alternative charges such as theft, and the evolving legal framework before and after
the enactment of the Cybercrimes Act 19 of 2020. The analysis will consider key judicial precedents,
statutory provisions, and scholarly commentary to determine the most appropriate charges. Given the
technical nature of card cloning, particular attention will be paid to whether fraud can be committed
through misrepresentation to a computer system, as well as the broader implications of cybercrime
legislation in prosecuting such offences.
Definition of Fraud in South African Law
Fraud is a common-law crime in South Africa, requiring the following essential elements:
A Misrepresentation – This can be a false statement, conduct, or omission intended to
deceive.
Intent to Deceive (Dolus) – The perpetrator must have knowingly made the misrepresentation
with the aim of inducing another party to act upon it.
Actual or Potential Prejudice – The misrepresentation must cause harm or expose the victim
to potential harm (Snyman 2020).
Please also note that the author of this document will not be responsible for any plagiarism you
commit.
QUESTION 1
1. Karabo consults you as his attorney for advice. An unknown person cloned his bank card and
made a withdrawal of R50 000-00 from his bank account. He wants to know whether this person,
when he is identified and taken into custody, can be charged with the crime of fraud? Advise
him on his options. In your discussion, you should refer to the following:
The definition of fraud.
Whether fraud is possible by making a misrepresentation to a computer terminal. Does the
latter have “understanding”? Can it be “misled”?
If fraud will not work, what crime (s) should a person making a withdrawal from someone
else’s account with a false card be charged with?
In your answer you should refer to the position before and after the Cybercrimes Act 19 of 2020.
You should also refer to relevant case law and the opinions of legal commentators.
Legal Remedies for Unauthorised Withdrawals via Card Cloning: Fraud, Theft, and
Cybercrime in South African Law
Introduction
The unauthorised withdrawal of R50,000 from Karabo’s bank account via a cloned card presents a
complex legal scenario that intersects traditional criminal law and modern cybercrime legislation. As
digital banking becomes increasingly prevalent, so too do sophisticated financial crimes that exploit
technological vulnerabilities. This discussion provides a comprehensive analysis of the legal
remedies available to Karabo, focusing on whether the perpetrator can be charged with fraud, the
applicability of alternative charges such as theft, and the evolving legal framework before and after
the enactment of the Cybercrimes Act 19 of 2020. The analysis will consider key judicial precedents,
statutory provisions, and scholarly commentary to determine the most appropriate charges. Given the
technical nature of card cloning, particular attention will be paid to whether fraud can be committed
through misrepresentation to a computer system, as well as the broader implications of cybercrime
legislation in prosecuting such offences.
Definition of Fraud in South African Law
Fraud is a common-law crime in South Africa, requiring the following essential elements:
A Misrepresentation – This can be a false statement, conduct, or omission intended to
deceive.
Intent to Deceive (Dolus) – The perpetrator must have knowingly made the misrepresentation
with the aim of inducing another party to act upon it.
Actual or Potential Prejudice – The misrepresentation must cause harm or expose the victim
to potential harm (Snyman 2020).
