PROJECT: MISREPRESENTATION AND IMPERSONATION IN BANKING - THE LAW (PART 2)
- Isabel Spies
- 3 days ago
- 5 min read
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Please refer to our initial project for context:
The South African Police Service (SAPS) should not treat a case of impersonation and fraud as a civil matter,
even when there is a signed admission of guilt.
In South African law, fraud is a criminal offence, and the presence of an admission of guilt
does not convert a criminal act into a purely civil dispute.
FRAUD IN SOUTH AFRICAN LAW:
Fraud is a well-defined common law offence in South Africa.
It is defined as: “The unlawful and intentional making of a misrepresentation which causes actual prejudice or which is potentially prejudicial to another.”
Key elements of fraud:
UNLAWFULNESS:
The act must be against the law.
INTENTIONAL MISREPRESENTATION:
There must be deliberate deceit.
PREJUDICE:
Actual or potential financial loss to the victim.
In this case:
Mr. Mandla Mahlangu pretended to be a banker (misrepresentation).
He intentionally deceived the victim by using her laptop and personal banking information.
His actions caused financial loss (fraudulent loans and card transactions totalling over R171,000).
This fits squarely into the definition of fraud and identity theft, both criminal offences.
MISREPRESENTATION AND IMPERSONATION ARE CRIMINAL ACTS:
South African law also criminalises impersonating a professional to gain access to financial information or funds.
Relevant laws:
Section 1 of the Financial Intelligence Centre Act (FICA) and Banks Act, 94 of 1990 – prohibit representing oneself as an employee or agent of a registered financial institution without proper authority.
Electronic Communications and Transactions Act, 25 of 2002 – criminalises unauthorised access to computer systems, which applies here when Mandla used the client’s laptop to access banking portals.
Thus, impersonating a banker while committing fraud cannot be treated as merely civil.
SIGNED ADMISSION OF GUILT - ITS LEGAL EFFECT:
A written "admission of guilt" is not a defence to criminal prosecution.
It is simply evidence that can be used in either civil or criminal proceedings.
It does not nullify the original criminal conduct.
In fact, it strengthens the case for the State because it shows the perpetrator’s acknowledgement of wrongdoing.
Important case law:
In S v Fielies 2014 (2) SACR 154 (SCA), the Supreme Court of Appeal confirmed that fraud remains prosecutable even if there is a private settlement between the parties.
In S v Friedman 1996 (1) SACR 181 (W), the court held that agreements to repay stolen funds do not absolve criminal liability.
Therefore, SAPS must open a criminal docket for fraud, even if there is a signed repayment agreement.
THE SAPS' OBLIGATION TO INVESTIGATE:
In terms of Section 205 of the Constitution of South Africa, the police have a duty to: “prevent, combat and investigate crime.”
If a victim reports a case involving impersonation, fraudulent loan applications, and theft of funds, SAPS is legally required to open a case docket (CAS number) and investigate.
Classifying this as “civil” is incorrect and unlawful.
The correct charges could include:
Fraud (common law offence).
Identity theft (Section 86 of the Electronic Communications and Transactions Act).
Theft (common law).
Impersonation (various financial regulations).
WHY THE SAPS OFTEN MISCLASSIFY FRAUD CASES:
Unfortunately, this misclassification happens frequently due to:
Lack of training in financial crimes.
Heavy workloads and reluctance to investigate complex fraud cases.
A mistaken belief that if repayment is promised, the matter is “civil.”
However, this position has no legal basis.
The correct approach is dual action:
CRIMINAL CASE:
State prosecutes for fraud and impersonation.
CIVIL CASE:
The victim separately sues for repayment.
CORRECT PROCEDURE IN THIS CASE:
The victim should insist that SAPS open a fraud case docket.
Provide evidence:
Admission of guilt document.
Proof of fraudulent transactions and loan applications.
Witness statement from Ms. Venessa Auths, who introduced Mr. Mandla Mahlangu as a banker.
If SAPS still refuses, the victim can:
Approach the station commander.
Escalate to the Independent Police Investigative Directorate (IPID).
Report to the National Prosecuting Authority (NPA) directly.
The SAPS was wrong to treat this case as a purely civil matter. The facts clearly establish criminal fraud, impersonation,
and unauthorised computer access, all prosecutable offences under South African law.
A signed admission of guilt does not remove criminal liability; instead, it strengthens the criminal case.
Both civil recovery and criminal prosecution can, and should, proceed in parallel.
This case must be formally investigated as fraud. If SAPS refuses, the victim has grounds to escalate
the matter to higher authorities and insist on proper legal action.
IF YOU HAVE RELEVANT INFORMATION, OR IF YOU HAVE BEEN A VICTIM OF MR. MAHLANGU OR
SIMILAR FRAUDSTERS, PLEASE CONTACT THE SSS SPECIALIST INVESTIGATOR:
MR. HENNIE VILJOEN
Contact number: + 27 79 997 1132
Email address: henniev@mikebolhuis.co.za
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