Victim of R1.8m online fraud takes on Absa, Vodacom

ONLINE banking fraud and the fraudulent swopping of SIM cards go hand in glove, and consumers are increasingly falling victim to this type of fraud.

Yet they get the short end of the stick when trying to hold either their bank or cellular service provider liable in any way – even in the absence of proof that they, the consumer, did anything wrong or negligent.

A George businesswoman who lost R1.8 million in an online banking fraud, coupled with an illegal SIM swop, is fighting back. This week she launched a novel attack on Absa, her bank, and Vodacom, her cellular service provider.

Instead of making allegations of liability for any wrongdoing or negligence on the part of the bank or service provider, she has asked the South Gauteng High Court to order Absa and Vodacom to give her vital information they have refused to give her; information that she says she is entitled to and will help her determine who is liable for her loss.

She has also asked the court to order Absa and Vodacom to preserve all evidence relating to her case in terms of generally accepted forensic practice and the provisions of the Electronic Communications and Transactions Act.

The businesswoman, Monica Kruger, has taken advice from independent forensic experts, including Adrie Stander, an expert in digital forensics and senior lecturer at the University of Cape Town, and Professor Basie von Solms, the director of the Centre for Cyber Security at the University of Johannesburg.

According to Kruger’s affidavit, she asked Absa for, among other things, the access log details and personnel information for any and all Absa employees and/or outside contractors of Absa who had, or could have had, access to Kruger’s account profile, details and/ or statements during the two months preceding the fraudulent transactions on her account. In response, she received edited logs, “with all information that could aid the investigation removed”.

The infor mation that Vodacom has refused to give Kruger includes all documentation relating to attempted and successful SIM swops on her account, including those required in terms of Rica. (The Regulation of Interception of Communications and Provision of Communication-Related Information Act is a law that makes it compulsory for everyone in South Africa to register their cellphone number.)

Read the full story in Personal Finance on Page 21 today.