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LCR4805 Assignment 2 Semester 1 Memo |Due 9 April 2025. All questions answered. 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.
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