Question
Mr Carlos and his wife are successful business people and have (4) gold mines in South Africa. They successfully apply for a credit card from
Mr Carlos and his wife are successful business people and have (4) gold mines in South Africa.
They successfully apply for a credit card from Standard Bank. Clause 7.3 of the standard form
agreement (contract) with Stand Bank provides that "the cardholder is liable for all purchases
or cash withdrawals made with his her credit card irrespective of who used the card and PIN".
On Thursday, 19 May 2021, Mr Carlos used his credit card to withdraw R25 000 in Durban.
Over the week-end of the same week, on 23-25 May 2021, 150 withdrawals transactions
totalling R 109 550 000) were made in Zambia with the same credit card. Standard Bank claims
R109 550 000 was withdrawn from Mr Carlos's account number. Mr Carlos argues that he was
not in Zambia on the fateful week-end (23-25 May 2021). In addition, he stated that he was
always in possession of his credit card and did not provide his PIN number to anyone.
Furthermore, he claims that an insider from Standard Bank is responsible for the above
withdrawal transaction in Zambia. Upon hearing that you have knowledge on credit card and
other bank cards, what legal advice accprding to south african law can be given to mr Carlos and his wife?
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