Asked by Carey on 14-06-2023 11:09:50
Question posted in the Criminal Law category relating to Western Cape

Hi There. At the suggestion of the small claims court I want to lay a criminal charge against someone who fraudulently took money from me. It's a long story but basically I have evidence proving that he misrepresented a treatment centre and has many alias names and websites. What do I need to lay this charge.

Posted by Att. Patrick on 14-06-2023 15:11:40

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship. 

Laying criminal charges is actually quite simple and you can do it in two ways. The first is to simply go down to your local SAPS and ask the detective to take a statement from you in which you explain the nature of the criminal charges. The second is to prepare a written statement explaining the background of the dispute and attach any evidence that you have, and then go down to the SAPS and give the detective your statement and open a case against the person concerned. 

Either way the SAPS will need some statement from you in writing. This will serve the basis of their investigations. Along the way, the investigating officer (the IO) might contact you to request further information. You must just do your best to give the IO the requested information. 

Just be aware that you will need to explain that it is a CRIMINAL complaint of fraud. You must hammer home with the SAPS that there was a fraud committed.

If you tell SAPS that there was a commercial agreement between the two of you, then SAPS will refuse to open a criminal case and instead send you back to the Small Claims Court.

Ok thanks. In that case I will just mention the nature of his fraud and hand in my evidence. Do I say in my statement that I sent my mother to his illegal business?

Posted by Att. Patrick on 14-06-2023 15:56:51

Ok thanks. In that case I will just mention the nature of his fraud and hand in my evidence. -> That's the best bet. Just go on and on about it being a fraud which was committed against you.

Do I say in my statement that I sent my mother to his illegal business? -> You would need to disclose that, because how else did this fraud arise. So, yes. But the point is that this guy was fraudulently running an illegal business and that gives rise to the fraud. 

Yes as I am not interested in getting my money back. I just want to expose him

Posted by Att. Patrick on 14-06-2023 16:54:53

Good luck then!