George businesswoman Monica Kruger – who lost R1.8m in an online banking fraud coupled with an illegal SIM swop – is fighting back against her bank and mobile service provider, demanding full disclosure of her account records. A Weekend Argus reports Kruger has launched a novel forensic attack on Absa and Vodacom, demanding key evidence on her accounts, including who at the bank had access to her profile and login prior to the fraud taking place.

Instead of making allegations of liability for any wrongdoing or negligence on the part of the bank or mobile service provider, she has asked the Gauteng High Court (Johannesburg) to order Absa and Vodacom to give her critical data that they have so far refused to give her. She says she is entitled to the information, and that it will help her determine who is liable for her loss. She has also asked the court to order Absa and Vodacom to preserve all evidence relating to her case in terms of generally accepted forensic practice, and the provisions of the Electronic Communications and Transactions Act.

Full Weekend Argus report (subscription needed)

Fraudsters stole almost R2m from Kruger after performing a SIM swop on her number with Vodacom and transferring money from her Absa account, according to Rapport. Kruger says in her court papers she was alerted to a request for a SIM swop in June and immediately warned Vodacom that it was a fraudulent transaction that should be stopped.

A week later, the SIM swop was performed without her permission and the money was stolen. Both Vodacom and Absa, presumably aware that a precedent could be set, refuse to accept responsibility, arguing that Kruger must have been negligent. Justin Steyn, an attorney acting on behalf of several fraud victims, says banks and cell phone service providers won’t be able to withhold this information in future if the court finds in Kruger’s favour.

Full report in Rapport