Its easy to get caught in the Trap, impossible to get out!

Hello Peter, my name is Paul,

A kind note to all readers and those concerned, this is quite a lengthy review/complaint against multiple parties. I find it necessary to be fully transparent and detailed to correctly encapsulate the situation on a whole. I do however encourage concerned readers to read this “article” or review fully.

From the outset, I would like to flag the “ending” of this story first as it appears at the end of the document referred to below. “Failure to apply the procedure or delay in assisting the customer may result in a finding against the bank and a possible award for the distress and inconvenience the customer has suffered. Each case will be evaluated on its merits.” I would like to highlight my circumstances and the “Distress” that this matter has caused me. I have stage 4 Colo****** Cancer and have just completed my 12th round of Chemotherapy last week thursday. One of the many side effects of my therapy and the type of cancer if have, is that I have discomfort sitting in queues, and on this particular occasion, I was dealing with quite an “upset tummy”. Furthermore, adding to the emotional state I find myself in, my dear mother passed away on the 12th of January 2025.

With that in the back of your mind, lets get into matter at hand. My mother signed up / entered into an agreement with Web Africa to provide internet services to her place of residence. In August 2024 I moved in with my mother to assist in taking care of me etc. It was my contribution to my mother to pay the internet service provider. After my mother’s passing, knowing how reliant I am on internet, I swiftly moved over the debit order from my mother’s banking details to mine. I would like to add how easy this process was.

Unfortunately, I was evicted from our place of residence, my mom’s house, at the end of January 2025. At this point the debit order for Web Africa had already gone off my account. With so much going on at the time, I cut my losses and parted ways with the R900 debit order for which I had absolutely no use of. After all the funeral expenses, medical expenses, moving expenses (deposits and the like), R900 is no chump change.

During the second week of February 2025, my brother (the tech guru in the family) and I have a three-way telephone call with a call centre agent from Web Africa. When we explained the situation to the consultant, she indicated that she could not assist us, and that all queries of this nature must be addressed through their website. We were told that there is absolutely no one for us to talk to verbally about the matter and that the only people we were privileged to speak to are sales agents. Despite our plea, even going as far as raising POPI concerns with such a service provider dealing with us when we are not the account holder. This is why I requested to speak to a manager, to have a more in-depth conversation, we were denied and merely asked to go to the website.

My brother then proceeds to go onto the website for Web Africa, and as soon as he types out a message, on what seems to be a chat bot and not an actual consultant, the system picks up his own personal profile and there are no prompts directing him to query or cancel someone else’s service etc.

At this point my frustrations are really mounting during this deeply emotional and sickly time in my life. How on earth do I cancel this debit order or sort out this situation when the chat bot doesn’t work and the sales agents cant assist???

I had a Plan B in mind though to deal with the situation. I had planned to do my chemotherapy the next week (last week in present context) and then go see FNB to discuss the matter. Then today, Monday the 24th of January 2025 I went to Clear Water FNB. I am greeted by the ticketing person who asks what I am there for. I explained immediately that I want to cancel a debit order. The lady then indicated that I can lodge a dispute on a debit order over the online system, but that they cannot cancel the debit order, this would need to be done with the service provider (Web Africa). I was not entirely satisfied with this response and asked to see the branch manager. Lungi was her name.

I explained the above situation to Lungi and even went as far as discussing principles of contractual law. For example, such an agreement in question will terminate upon death of the person who entered into the agreement. So even though I initially agreed to the debit order, there is no legal basis for me to be bound by or held liable for the services entered into by my mother and Web Africa. Lungi did her very best to absolve FNB from any part of this transaction. I was told to take this up with Web Africa, and that all they can do is assist me with lodging a dispute on the debit order, only after it goes off, which may or may not lead to a reversal, and that the duration of this process “Depends”.

At this point I am really frustrated with the branch manager, who is in essence telling me that whether the agreement is valid or not, legal or not, that they cannot really do much. After I emphasized the *******ity of the matter (Theft, ***** or *******ion), Lungi passively indicated that I can go to the Police. Needless to say I stormed out of the bank and went straight to the police station.

Fairlands Police Station was busy and after about an hour of waiting, I got to speak to a constable. I explained the whole story to the constable. The constable advised me that this is not a police / ******** matter and that all I can do is again try to take this up myself with Web Africa or to approach the Small Claims Court to issue a letter of demand.

Now I am furious to say the least! The Bank can’t help me, Web Africa can’t help me, The Police cannot help me.

So here I am, after doing hours of research, to bring you some objective legal reasoning to the situation.

In South Africa, ***** is defined as the ******** and intentional misrepresentation of facts that causes or may cause harm to another person. It's a common law crime that includes economic crimes and dishonest acts. Elements of ***** • Misrepresentation: The deliberate distortion or falsification of the truth • ********ness: The act is against the law • Actual or potential prejudice: The act causes or may cause harm to another person • Intention: The act is done intentionally

If I apply the above to my situation, would it not be reasonable for me to come to the conclusion that Web Africa is committing ***** by misleading the bank into facilitating payments that are ******** (as there is no valid agreement in place) that is causing me economic and emotional harm, and after Web Africa was technically informed, the act also seems to be intentional.

Now I’m wondering if this falls within the definition of ***** and if ***** is a crime, why did the constable at the Fairlands Police Station tell me they cannot help me with this matter.

In South Africa, theft is the ******** and intentional taking of another person's property without their permission.

So, if the Police cannot help me with *****, perhaps the simple definition of Theft would apply. Web Africa is taking my money without my permission.

Again I was left wondering why the police would not help me in a matter that may be considered theft. So I took it a step further:

Can a Juristic Person or Legal Entity be held ********ly liable? Yes, a legal entity can be held ********ly liable in South Africa. This is possible under Section 332 of the ******** Procedure Act 51 of 1977.

Again, I am left with a loss for words. The police cannot help me with ***** or Theft Charges, even though according to the above section, one can lay ******** charges against a Juristic Person.

Then let’s take it even further, as far as FNB is concerned.

https://www.derebus.org.za/doctrine-of-common-purpose-can-the-actions-of-one-accomplice-be-attribute-to-others/ “In Namane the court held that each of them is responsible for the acts committed by the others, either foreseeing the possibility that the others might perform an act in order to further their common purpose, and ‘was indifferent to such acts and their consequences’. The court indicated that the other party foresaw the possibility that the one party might commit a crime and he who did not do the actual offence, reconciled himself with that possibility, making him as liable as the one who committed the offence.”

The above article leads me to think/conclude that perhaps FNB is also liable to an offence after I have alerted them to this matter, and they turned a blind eye.

Regardless of my ******** aspect/allegation, my research further lead me to the below Bulletin from the Ombudsman for Banking Services. A link appears below.

I found it apt to take extracts from the bulletin to further highlight how FNB clearly disregards certain aspect of the Code of Banking Practice and PASA.

https://www.obssa.co.za/wp-content/uploads/2018/02/Bulletin-11-Debit-Orders-Final-30.01.2018.pdf

• Introduction Debit order payment facilities are used by the majority of banking customers as they serve as a very convenient and useful manner of paying accounts. The vast majority of bank customers use the debit order facility daily and rarely encounter any problems. It is however when a debit order is disputed that we note from complaints received by our office that bank customers sometimes encounter problems with their bank regarding the reversal or cancellation of a debit order. Based on the complaints we receive, it has become apparent that certain bank staff members are unaware of the process to follow when dealing with a disputed debit order. This could create the impression that bank customers have no control over their accounts and are left at the mercy of ************ companies that abuse the debit order facility. We have dealt with matters where bank customers were merely told to take the matter up with the company debiting their account even though the customer has already attempted to do so. The reason why the customer eventually turned to the bank is because they either could not track down the company making the debit, or the company unjustifiably refused to assist. Therefore, it is important to educate bank customers about the debit order dispute process and to make banks aware of the types of complaints received and our approach to them. The Code of Banking Practice and the PASA (Payments Association of South Africa) rules indicate how the bank should handle a debit order dispute. This Bulletin considers the application of the Code of Banking Practice and the PASA rules in resolving debit order complaints. The Code of Banking Practice encourages a customer to report a debit order dispute to his bank and the bank to reverse an unauthorised debit order. In doing so, the bank is obliged to handle the debit order dispute in accordance with the applicable PASA rules.

(I would to add my commentary to the above… Why is it best practice and encouraged for me to report my dispute to FNB when I am basically turned away to absolve the bank from issues that don’t concern them)

• 9.4.3 Stopping a debit order You must cancel a debit order by providing written or other appropriate notification to the third party whom you authorised to make the deductions.

You may also stop a future debit order payment for a given period by requesting that your bank places a stop payment instruction on your account. Your bank will advise you regarding the period for which the stop payment instruction will be effective, and how it operates. You may also be charged a fee for implementing this stop payment instruction.

Commentary from Paul: I find it impossible to cancel with the service provider. Just as important, this document indicates that the bank should have the ability to place a stop payment instruction on the debit order. Why did THE branch manager not advise me of this option.

• 9.4.4 Disputes about debit orders You should report any disputes relating to your debit order to your bank. In particular, you should raise a dispute when the third party: • has withdrawn an amount before the date specified in your instruction; • continues to collect a debit order that you have cancelled or is subject to a stop payment instruction; • debits your account for an incorrect amount; • has collected a debit order you did not authorise or in a manner you did not authorise (e.g. split the collection amount or consolidate several debit orders); or • has collected a debit order that is not consistent with your instruction. Your bank may request you to provide proof of identity and to confirm the dispute. If your bank determines that the debit order is not authorised by yourself, your bank may reverse the transaction and any related fees.

Commentary from Paul: FNB/the branch manager was not helpful at all in adhering to PASA guidelines that encourage me to report this to the bank, when they are merely the middleman that facilitates payments, whether legal or *******, valid or invalid.

• All major South African banks are members of PASA and have agreed to comply with the PASA rules and procedures regarding the processing of debit orders and dealing with debit order disputes.

Commentary from Paul: Either I am completely misaligned with my understanding, OR FNB need to train their Branch Managers to be more aligned with PASA and the Ombudsman’s expectations in these situations.

• In evaluating the merits of a debit order complaint, the OBS will refer to the Code of Banking Practice and the PASA rules to establish if the bank processed the debit order correctly and if it handled a disputed debit order appropriately.

Commentary from Paul: In my view, the branch manager failed to handle my dispute appropriately and also failed to advise me that it is possible to place a stop order instruction.

• 6. The customer’s rights 6.1 Stop payment instruction A customer can give their bank (the homing bank) a written stop payment instruction to prevent a debit order for a specific amount being processed on the account.

Commentary from Paul: If this document claims it is my right to give my bank an instruction to stop payment, then clearly my rights were infringed upon by FNB / the branch manager when failing to advise me of this right or even facilitating this option.

• A stop payment instruction only remains on the bank’s system for a limited period (three to six months depending on the bank). After this period, a user may again attempt to debit the account and it will be processed. It is important that clients check their statements regularly for *****ulent debits

Commentary from Paul: WOW, perhaps FNB did not know this. Three months would have given me more than enough time to navigate this endless maze with Web Africa.

• 6.2 Disputing a debit order A customer has the right to instruct his or her bank to reverse a disputed EFT and NAEDO debit order (AEDO only in the case of *****) if the customer declares in writing that: 1. He did not authorise the debit order in question. 2. The deduction of the debit order was in contravention with his authority. 3. He instructed the user to cancel the debit order authority. 4. He stopped payment of the debit order instruction.

Commentary from Paul: FNB / The branch manager clearly do not believe I have this right even though everything above was explained to Lungi.

• When receiving any complaint on this issue the OBS will expect the bank to have app**** the procedures as mentioned above. Failure to apply the procedure or delay in assisting the customer may result in a finding against the bank and a possible award for the distress and inconvenience the customer has suffered. Each case will be evaluated on its merits.

Commentary from Paul: I understand we all have our stories and challenges in life, but this process with Web Africa, FNB and the Fairlands Police Station has left me feeling alone, abandoned and helpless during the most challenging time of my life. Where is Justice? Where is Compassion? Where does one read up on all the above, easily found on the internet, yet the institutions themselves disregard the “safeguards” put in place to keep us consumers/citizens at bay?