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- Harmse, Laurentia

Counterfeit card fraud : is there a need to introduce legislation to facilitate the prosecution of related criminal activities?

- Ferreira, Gerda

  • Authors: Ferreira, Gerda
  • Date: 2012-11-06
  • Subjects: Bank fraud , Credit cards - Law and legislation , Electronic fund transfers - Law and legislation , Debit cards - Law and legislation , Banking law , Consumer protection - Law and legislation , Credit card fraud
  • Type: Thesis
  • Identifier: uj:7359 , http://hdl.handle.net/10210/8115
  • Description: LL.M. , Despite payment cards being of a fairly recent origin,1 these instruments of payment play an increasingly significant role in commerce. With reference to credit cards, Cornelius already in 2003 stated: “They fulfil various functions that are increasingly important at a time that ecommerce is taking off at a tremendous pace.”2 Similarly criminals continuously use more inventive and technologically advanced methods to commit fraud, including counterfeit card fraud. Is the South African criminal law, however, keeping up? The aim of this study is to investigate whether the various activities which form part of the criminal business value chain relating to counterfeit card fraud, with specific reference to bank payment cards, are sufficiently criminalised in South Africa or whether the inability of our criminal law to address the challenges posed by this crime type necessitates the introduction of further legislation. In the first part of the dissertation the South African common and statutory criminal law is investigated in some depth to establish the applicability thereof on the activities forming part of the criminal business value chain relevant to counterfeit card fraud. The appropriateness of certain statutory provisions is questioned and recommendations are made to amend current legislation. An argument is also advanced for further development of the common-law offence of theft to include identity theft and the unlawful copying and subsequent use of data. Brief reference is made to the international situation. Chapter 2 is an introduction to bank payment card fraud in South Africa focusing on the most prevalent forms thereof being card-not-present fraud and counterfeit card fraud. Reference is made to the manner in which offences related to counterfeit card fraud are currently approached in our criminal courts and the limited impact prosecutions has on the prevalence of this fraud type.
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The duty on the bank issuing a letter of credit to return the documents : legal perspectives from Canada, England and South Africa

- Scholtz, Jacobus Francois

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