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Cell phone sim swap (201605-0007383) [2016] ZACGSO 13 (8 July 2016)
The Ombud dismissed a complaint over R144,000 lost in SIM swap and phishing fraud, finding the cell provider was not liable because it did not directly enable the bank account access.
ABSA Bank Limited v Mahomed and Another (876/12) [2014] ZASCA 1; 2014 (2) SA 466 (SCA); [2014] 2 All SA 1 (SCA) (20 January 2014)
The SCA held that ABSA was not liable for fictitious investment agreements used to conceal tax evasion, because its agent lacked authority and the claims were unproven.
S v Kwatsha (CC 65/2011) [2012] ZAKZPHC 50 (7 August 2012)
The court found that the accused, a financial planner at Standard Bank, committed 37 counts of fraud involving approximately R6 million by misrepresenting to clients that their funds would be invested with approved companies, instead diverting the money to Messin Projects CC. The accused's explanation that he was influenced by his father was rejected as improbable and fabricated. The court held that the aggravating circumstances—including the large sum involved, the number and vulnerability of victims, breach of trust, damage to the bank's reputation, and lack of recovery of funds—far outweig…
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