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South Africa decisions
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Du Bruyn v South African Fraud Prevention Service NPC and Another (027429/2024) [2024] ZAGPPHC 502 (27 May 2024)
The High Court upheld a fraud-database listing after finding the applicant intentionally gave a false residential address in home loan applications.
Ndwambi v S (611/2013) [2015] ZASCA 59; 2016 (2) SACR 195 (SCA) (31 March 2015)
The Supreme Court of Appeal upheld a fraud conviction for selling a fake rhino horn, finding intent to deceive and potential prejudice were proved.
Nieuwenhuizen v S (A40/10) [2011] ZAFSHC 8 (27 January 2011)
The court held that the appellant's actions in sending falsified internet payment slips, even in respect of pre-existing debts, constituted fraud because his intention was to deceive and induce the complainants or their agents to act to their prejudice, whether actual or potential. The law does not insulate a dishonest person from prosecution merely because the deception relates to a pre-existing debt. The charge sheet and questioning in terms of section 112(1)(c) were found to be sufficient in alleging and establishing the element of prejudice. Regarding sentence, the court found that the tr…
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