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South Africa decisions
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Edward Nathan Sonnenberg Inc v Judith Mary Hawarden (421/2023) [2024] ZASCA 90; 2024 (5) SA 9 (SCA) (10 June 2024)
The Supreme Court of Appeal held that ENS owed no delictual duty to protect Hawarden from business email compromise losses and upheld the appeal.
Direro v Van Bruggen and Another (18882/2022) [2023] ZAGPPHC 1935 (10 November 2023)
Provisional sequestration was refused because the applicant failed to prove a subsisting debt, factual insolvency, or advantage to creditors.
Gerber v PSG Wealth Financial Planning (Pty) Ltd (36447/2021) [2023] ZAGPJHC 270 (23 March 2023)
The court found that the defendant was contractually obliged to protect the plaintiff against fraud, including cybercrime, by employing effective procedures and technological systems. The defendant failed to establish a tacit term excluding liability where the plaintiff's system was hacked, as such a term would undermine the express contractual protections. The defendant ignored its own verification protocols and proceeded with payments despite clear indications of risk and anomalies in the account verification process. The plaintiff had no duty to prevent hacking, and there was no evidence o…
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Safi v Gascoigne Randon and Associates (23052/2022) [2023] ZAGPJHC 259 (6 March 2023)
The High Court dismissed an exception to particulars of claim in a cyber-fraud conveyancing dispute, holding the pleaded case was not vague or lacking material facts.
Osagiede and Others v S (A95/22) [2022] ZAWCHC 166; [2022] 4 All SA 845 (WCC) (1 September 2022)
The High Court dismissed an extradition-related bail appeal by eight appellants, finding the State had shown risks of flight, interference, and undermining justice.
Otubu v Director of Public Prosecutions, Western Cape (A54/2022; 16/750/2021) [2022] ZAWCHC 79; 2022 (2) SACR 311 (WCC) (16 May 2022)
High Court appeal against refusal of bail pending extradition was upheld. The court found the magistrate had treated the accused collectively rather than individually.
Firstrand Bank Ltd v Kgethile (M370/2018) [2021] ZANWHC 63 (31 August 2021)
The High Court dismissed Firstrand Bank’s claim for payment against a customer after finding both sides negligent in a cyberfraud banking dispute.
Msomi v S (39/2018) [2019] ZAECGHC 80; 2020 (1) SACR 197 (ECG) (3 September 2019)
The High Court set aside irregular sentences and reduced the appellant’s sentences after finding substantial and compelling circumstances, despite his central role in cyber-enabled fraud.
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