South Africa Law

Get your South African law questions answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

My wife runs a business for another person. She has recently…

Customer Question
My wife runs a...

My wife runs a business for another person. She has recently been accused by the owner of the business of committing fraud, when she in fact has no idea what he is stalking about. He states he has proof but has ulterior motives. He is wanting to pursue criminal charges. My understanding is that for criminal charges is that he would have to prove willful intent to defraud. Firstly, is my understanding correct and second, can she actually be arrested for a claim like this?

Lawyer's Assistant: Because criminal law varies from place to place, can you tell me what state this is in?

This would be South African law

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Submitted: 6 months ago.Category: South Africa Law
Show More
Show Less
Ask Your Own South Africa Law Question
Answered in 17 minutes by:
2/6/2018
Lawyer: Freddie Lombard, Attorney replied 6 months ago
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

Regards

Ask Your Own South Africa Law Question
Lawyer: Freddie Lombard, Attorney replied 6 months ago

OK, yes, your understanding is correct. Intent is an element of the crime of fraud - if intent cannot be proven it will not be fraud. He will then, at best, ***** ***** to dismiss her due to gross negligence. Negligence, however gross, is not a crime and does not constitute fraud.

Secondly, yes, she can be arrested and prosecuted if the state (public prosecutor) is satisfied that there is enough evidence against her to prove fraud (and thus intent) at a trial.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further questions here on this topic at no extra cost if you need more information.

Regards

Ask Your Own South Africa Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Freddie Lombard Your Own Question
Freddie Lombard
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
2,820 Satisfied Customers
Experience: Practicing attorney and conveyancer with 16 years post article experience.

Freddie Lombard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

PHINEAS MOTAUNG

PHINEAS MOTAUNG

Attorney

113 satisfied customers

BACHELOR OF LAWS

Emil

Emil

Attorney

33 satisfied customers

BCom Law LLB, 3 years post article experience as attorney

LCP

LCP

Attorney

21 satisfied customers

BCom (Stell) LLB LLM

Freddie Lombard

Freddie Lombard

Attorney

2,820 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,249 satisfied customers

All areas of commercial and contract Law - specialist in property advice.

inciteadvisor

inciteadvisor

Commercial Lawyer

814 satisfied customers

B.Com LLB Registered Corporate lawywer

Christiaan K

Christiaan K

226 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
I read that South Africa is going to or has removed the
I read that South Africa is going to or has removed the criminality from defamation. What is the current status of this?… read more
Barendb
Barendb
Master's Degree
777 satisfied customers
I am a UK citizen that was recently defrauded by a South African
I am a UK citizen that was recently defrauded by a South African couple. Fortunately, I maintained a corpus of compelling evidence that demonstrated the crime clearly and I also did some research to d… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
Please give some simple examples of how police can be
Please give some simple examples of how police can be convinced that fraud is intentional. Generally, one would not find a document where the person admits to intentionally committing fraud and one ge… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
My business partner and I merged our two companies. I closed
My business partner and I merged our two companies. I closed my company and am supposed to get 50% of his company but now I find out that the company is actually in his wife's name who is married to h… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
A colleague has been charged with shop lifting. She inadvertently
A colleague has been charged with shop lifting. She inadvertently dropped a nasal spray into her bag whilst paying for her other goods at the till. Her lawyer has advised her to plead guilty to the ch… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
i am recruiting and a south African lady has applied for a
i am recruiting and a south African lady has applied for a job but i have had information that she is not allowed back into south Africa i suspect there is a warrant out for her arrest would you be ab… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
Dear InvestigatorMy name was placed on the site malescammers
Dear Investigator My name was placed on the site malescammers by a person accusing me of rape and fraud. I have never committed these alleged offences nor have I been charged with them. However, the p… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
How do get ex-wife of my finance to stop making trouble. Firstly
How do get ex-wife of my finance to stop making trouble. Firstly his daughter contacted my elderst sun about 2 years ago and bad mouthed her day. Now her mother has just passed the question to my ex-h… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
Fraud: A friend of mine asked me if you can use my CC to invoice
Fraud: A friend of mine asked me if you can use my CC to invoice her employer for additional work she did for them. She explained to me that her employer requires a Co Reg and VAT number. I provived h… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
Hi there, What are the requirements or who has the onus of
Hi there, What are the requirements or who has the onus of proof in a matter where Contempt of a High Court proceedings are brought against someone in the High Court. i.e. what must either the Applica… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Dear Sir, I am still looking where I can get justice against
Dear Sir, I am still looking where I can get justice against Standard Bank of the South Africa,the powerful Bank in Africa, who had provided the forgery documents,some of documents are in my possessio… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
Hello, I would like advise from a South African Lawyer or someone
Hello, I would like advise from a South African Lawyer or someone who know South African law. My parter entered the UK on a South African passport. He entered legally on a six month holiday visa, he t… read more
Senior Partner
Senior Partner
Bachelor's Degree
5 satisfied customers
I was stopped at customs on leaving south africa last week,
I was stopped at customs on leaving south africa last week, and travelling on a british passport. I was told that I was committing a criminal offence by not using my south african passport to travel i… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
My Log in details were compromised and There was excessive
My Log in details were compromised and There was excessive fraud committed on my Standard bank business account on a Friday, I discovered the fraud on Sat morn and reported it. The funds had not even … read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I have been charged with misrepresentation of qualifications
I have been charged with misrepresentation of qualifications obtained. I studied abroad and studied 3 years of a BA degree. I needed to complete my supplimentary exams which I didn't manage to do due … read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
This is the scenario, I am a director mandated to investigate
This is the scenario, I am a Director with a Government Department mandated by the MEC to investigate fraud and corruption. Part of my team are members of a leading Auditing Firm in South Africa as we… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
an employer has been accused of removing scrap metal off a
an employer has been accused of removing scrap metal off a demolition site we are managing. The field manager stated he had witnessed this. In a polygraph test the employee was not able to be cleared … read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
What constitutes fraud against an individual in South Africa
What constitutes fraud against an individual in South Africa? If a person under pretext leads you to think that she is willing to get married and then after purchasing a home and furniture she hooks u… read more
JP
JP
Bachelor
590 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x