What Is Fraud?
Fraud is defined in law as the willful use of deception to obtain unfair or illegal gain or to deny a victim of a legitimate right. Fraud can be a violation of civil law (a victim of fraud may sue the perpetrator to stop the fraud or recover financial compensation), criminal law (a perpetrator of fraud may face legal action and imprisonment from the government), or it may not result in the loss of any money, property, or legal rights but still be a component of another civil or criminal wrong. The goal of fraud may be financial gain or other benefits, such as getting a passport, travel document, or driver’s license, or it may be mortgage fraud, when the offender makes false claims in an effort to qualify for a mortgage.
The Case Of Fraud In South Africa?
You’re not alone if a con artist has conned you out of money in South Africa; in fact, you’re probably part of a family of millions. According to the South African Banking Risk Information Centre, South Africans collectively lost more than R1.5 billion to card and banking fraud alone in 2020. (SABRIC). As long as there has been money, con artists have discovered new ways to commit fraud. Whether you’ve been the target of a SIM swap, been deceived by a spouse or partner, or been targeted directly in a phishing scam, it’s a profoundly personal crime that leaves you unsure of how, or if, to respond. Add other scams to the mix, and those victims who are too ashamed to report it, and the number is likely to be significantly higher.
What An Attorney Said About Fraud In South Africa
Scammers are masters of deception, misdirection, and plain lying to the point where they can persuade the majority of victims into unintentionally aiding in their own loss, which is at the heart of this perplexity and humiliation. According to Kalyani Pillay, CEO of SABRIC, problems are frequently caused by people rather than by technology. Social engineering is a highly sophisticated tool that scammers employ to manipulate their victims and obtain the information needed to carry out the majority of fraud-related crimes.Criminals are constantly seeking for methods to take advantage of digital platforms to swindle their victims, but because banks have very effective mitigation techniques in place, it is simpler to target people because they are the weakest link, according to Pillay. Depending on the situation, your response to a scam will vary. However, according to lawyer Ayanda Katjitae, partner at SKM Attorneys, your actions could potentially be crucial in the recovery of all or any money. The term “fraud” has a broad legal definition, but it also has four distinct components: unlawfulness, misrepresentation, intent, and prejudice.
How To Respond
There is no one right approach to respond given the wide variety of frauds and crimes that are currently occurring throughout the world. Given that not everyone is able to quickly pack a bag of the con artist’s fancy clothes and flee, how you react right away after the incident could have a significant impact on your chances of recovering your money or belongings.
How To Report A Scammer In South Africa?
You should notify the SAPS at a police station if you are the victim of an internet crime. Online fraud is an example of a cybercrime that must be reported in the same manner as any other crime that may need to be looked into. You can submit a request to the national Cybersecurity Hub if you want to report potential online fraud or other suspicious conduct but do not want to report a crime. Consider a take-down notice if you want to report a problematic website that is hosted by an ISPA member.
