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By HELEN WESTMAN And LAURA SCHLEBUSCH What is the purpose of marking correspondence “without prejudice”? The general position is that without prejudice correspondence is inadmissible in court. The term “without prejudice” means without the loss of rights. Ordinarily when parties attempt to settle a matter, such correspondence would be marked “without prejudice”. The purpose of this is to guard against an argument by one party that a concession made or offered in bona fide without prejudice negotiations constitutes a waiver of a right or an admission of liability by the other party. It therefore affords parties to a dispute the opportunity to explore the possibility of settlement ofRead More →

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By GRANT WILLIAMS, TYRON FOURIE And SIBULELE SIYAYA The newly enacted Cybercrimes Act (“Act”) not only creates offences but also codifies and imposes penalties on cybercrimes and defines cybercrime as including, but not limited to, acts such as: the unlawful access to a computer or device such as a USB drive or an external hard drive; the illegal interception of data; the unlawful acquisition, possession, receipt or use of a password; and forgery, fraud and extortion online. The Act criminalises the disclosure of data messages which are harmful and the disclosure of data messages that contain intimate images and seeks to implement an integrated cybersecurityRead More →

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South African court types and levels South Africa’s lower courts Chiefs’ and Headmens Courts Chiefs’ and Headmens Courts administer African customary law, subject to the Council of Traditional Leaders. Small claims courts Small claims courts hear civil cases involving claims below R15,000. Usually these claims are brought by individuals rather than companies. For example, they may involve claims for money or goods that are owed, claims for damages or claims based on violations of contract terms. Magistrates’ courts Magistrates’ courts are divided into district and regional courts. District courts hear civil matters involving claims below R200,000 and less serious criminal cases, involving offences other thanRead More →

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How cryptocurrency Ponzi schemes work At their cores, most cryptocurrency Ponzi schemes are just old-fashioned Ponzi schemes wrapped in the modern, high-tech veneer of cryptocurrency. While the cryptocurrency lingo can be confusing, the schemes themselves are relatively easy to understand. Generally, the fraudsters solicit investments in a cryptocurrency-related business, promise high returns in a short period of time and use the contributions of later investors to pay off earlier investors. At some point, the fraudsters stop making payments and abscond with their investors’ money. In the BitClub Network case, the defendants offered investors shares in cryptocurrency mining pools. Cryptocurrency mining is the process of verifyingRead More →

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There has been some confusion as to the charge of THEFT BY FALSE PRETENCE. I personally accepted that the said offence forms part of what we collectively referred to as Commercial crimes, being fraud, forgery, uttering, theft by false pretences, theft and corruption. During investigations whereby I could identify the named crime, SAPD will refuse to accept such allegation and would confirm that any case with an identified offence involving theft by false pretences must be referred to as fraud. Should the prosecutor decide to prosecute, it will be prosecuted as fraud, and should the prosecutor decide not to prosecute, a civil claim could beRead More →