Case Review: Specific offences

• Jurisdiction: South Africa
• Citation: (2006) 19 SACJ 354
• Date: 16 August 2019
• Pages: 354-359
• Published date: 16 August 2019
• Author: Shannon Hoctor

354 SACJ • (2006) 3

Specif‌ic Offences

SHANNON HOCTOR

University of KwaZulu-Natal

Fraud and theft

In S v Moolman 2006 (1) SACR 432 (T), following a conviction in the

regional court on numerous charges of fraud and theft, the appellants

appealed both the convictions and sentences to the Transvaal Provincial

Division. The fraud charges were based on the allegation that the

appellants had, with the intention to defraud, held out to Saambou Bank

and/or a company known as Imstadt Financial Services, that in each case

the individual applying for a loan from Saambou was either employed by

the second appellant (Mandela) in her capacity of the African National

Congress’ Women’s League (ANCWL) or by the ANCWL itself, and further,

that each applicant met the requirements for the granting of a loan. These

false representations were alleged to be actually or potentially prejudicial

to Saambou and to Imstadt. The theft charges related to the deduction of

amounts from the accounts of the applicants for loans, relating to alleged

premiums for funeral policies which had not in fact been taken out in

favour of the applicants. In relation to each theft charge it was alleged

that the appellants stole the money from the individual applicants and/or

First National Bank.

(2006) 19 SACJ 354

© Juta and Company (Pty) Ltd