LCR4805 Assignment 2 (QUALITY ANSWERS) Semester 1 2025

This document contains workings, explanations and solutions to the LCR4805 Assignment 2 (QUALITY ANSWERS) Semester 1 2025. For assistance whats-app us on 0.6.8..8.1.2..0.9.3.4.. QUESTION 1 Karabo consults you as his attorney for advice. An unknown person cloned his bank card and made a withdrawal of R 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. (30) Assessment criteria • This question will be evaluated primarily on the overall content of the answer, the substantiated conclusions and the referencing style used. You will be penalised if you merely “copy and paste” information from the Internet. You have to communicate the information in your own words. • Length restriction: Your answer to Question 1 may not exceed 8 typed pages. More but related content can be acceptable. • To find sources from the library’s databases, you can make use of the LibGuides link: http://libguides.unisa.ac.za/law QUESTION 2 Discuss in detail whether communications on social media can be admissible evidence in court. (20) Assessment criteria • This question will be evaluated primarily on the overall content of the answer, the substantiated conclusions and the referencing style used. You will be penalised if you merely “copy and paste” information from the Internet. You have to communicate the information in your own words. • Length restriction: Your answer to Question 2 may not exceed 5 typed pages. More but related content can be acceptable. • To find sources from the library’s databases, you can make use of the LibGuides link: http://libguides.unisa.ac.za/law QUESTION 3 Mr. Bruce is a South African citizen who is based temporarily in China. Mr. Bruce intends to buy an apartment based in Johannesburg from Mrs. Willis for investment purposes. Instead of the traditional pen and paper agreement, Mr. Bruce, after receiving the property sale agreement electronically, reviews it and signs it using his smartphone. With reference to the case of Spring Forest Trading v Wilberry(725/130 (2014) ZASCA 178 (21 November 2014) discuss the legal issues surrounding electronic signatures. In your discussion, you should explain what an electronic signature is, whether there are different types of electronic signatures. Moreover, you should indicate whether electronic signatures are legally enforceable in South Africa. (20)