,LCR4805 Assignment 2 Semester 1 2025 - DUE 9
April 2025 ;100 % TRUSTED workings, Expert
Solved, Explanations and Solutions.
MULTIPLE CHOICE,ASSURED EXCELLENCE
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. QUESTION 2 2. Discuss in detail whether
communications on social media can be admissible evidence in
court. QUESTION 3 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.
QUESTION 1
Can the person who cloned Karabo’s bank card and withdrew
R50,000 be charged with fraud?
Definition of Fraud
Fraud is a common law crime in South Africa defined as:
"the unlawful and intentional making of a misrepresentation
which causes actual or potential prejudice to another."
This includes:
Misrepresentation: a false representation of fact
Prejudice: actual or potential financial loss
Unlawfulness and intention: with intent to deceive
Misrepresentation to a Computer Terminal
April 2025 ;100 % TRUSTED workings, Expert
Solved, Explanations and Solutions.
MULTIPLE CHOICE,ASSURED EXCELLENCE
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. QUESTION 2 2. Discuss in detail whether
communications on social media can be admissible evidence in
court. QUESTION 3 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.
QUESTION 1
Can the person who cloned Karabo’s bank card and withdrew
R50,000 be charged with fraud?
Definition of Fraud
Fraud is a common law crime in South Africa defined as:
"the unlawful and intentional making of a misrepresentation
which causes actual or potential prejudice to another."
This includes:
Misrepresentation: a false representation of fact
Prejudice: actual or potential financial loss
Unlawfulness and intention: with intent to deceive
Misrepresentation to a Computer Terminal
