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Section 424B — Fraud by false representation, non-disclosure or abuse of position

As in force on 30 December 2025.

Timeline 2 versions
  1. 28 July 2023 Act 15 of 2019, S 524 of 2023
  2. 30 December 2025 You are here
  3. 17 August 2026 Latest
424B.Fraud by false representation, non-disclosure or abuse of position

(1)A person shall be guilty of an offence if he, fraudulently or dishonestly —

(a)makes a false representation;

(b)fails to disclose to another person information which he is under a legal duty to disclose; or

(c)abuses, whether by act or omission, a position which he occupies in which he is expected to safeguard, or not to act against, the financial interests of another person.

(2)A person may be guilty of an offence under subsection (1) whether or not the acts in subsection (1)(a), (b) or (c) were material.

(3)A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term which may extend to 20 years, or with fine, or with both.

(4)This section does not apply to any act mentioned in subsection (1) which would constitute an offence under section 424A.