Phishing Scam

In Roestoff v Cliffe Dekker Hofmeyr Inc 2013 (1) SA 12 (GNP) the court held:

• that money paid into a bank account becomes the property of the bank and the account holder usually becomes the creditor of the bank for the amount so deposited into his account;
• stolen money paid into the bank account of a bona fide third party and which has become mixed with the money of the third party cannot be claimed from the third party using the rei vindication [i.e. a claim based on ownership].