Worker refuses to return R500 000 paid to him due to typo. Can he keep it?

(Click here to learn about the typo that destroyed a 124-year-old family business.)

A worker from the Free State is refusing to give back more than R500 000 that was paid into his account by accident.

The comma that cost half a million

According to Motsi Civils and Plant Hire Managing Director Michael Mochudi, he meant to pay R5687.61 into Phemelo Mothupi's bank account, but left the comma off by mistake.

Mochudi called Mothupi as soon as he realised what he had done, but Mothupi refused to pay back the money.

Before Mochudi’s bank, FNB, could reverse payment Mothupi transferred R400 000 to his wife’s account of which she placed R260 000 in an investment account.

Mochudi then got an urgent court application to have these two accounts frozen.

The court will decide on 5 March whether or not the Mothupi’s should have to pay back the money.

Will he have to pay back the money?

“This is not a case of finders keepers,” says Nortan Rose Fulbright litigation and dispute resolution lawyer Aslam Moosajee. “If he knew the money has been paid to him in error he exposes himself to a charge of theft.”

Moosajee says that, even if he didn’t realise an error was made, he can still be sued in a civil claim based on “unjustified enrichment”.

“Banks won’t reverse the payment without a court order, but might put a hold on the money to give the aggrieved party a chance to approach the court,” says Moosajee.

Moosajee says that the facts seem to show that Mothupi must’ve known Mochudi made the transfer in error. “He better be sure he didn’t use any of the money. He’s in danger of being found guilty of theft.”

Listen to the audio for more detail.

(Click here to learn about the typo that destroyed a 124-year-old family business.)


This article first appeared on 702 : Worker refuses to return R500 000 paid to him due to typo. Can he keep it?


Recommended

by NEWSROOM AI

CapeTalk welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

  • Racism (including offensive comments based on ethnicity and nationality)
  • Sexism
  • Homophobia
  • Religious intolerance
  • Cyber bullying
  • Hate speech
  • Derogatory language
  • Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the CapeTalk community a safe and welcoming space for all.

CapeTalk reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

CapeTalk is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

Read More
Bob Martin’s new adverts celebrate how good pets are for humans

Bob Martin’s new adverts celebrate how good pets are for humans

Bruce Whitfield asks branding and advertising expert Andy Rice to critique the week’s advertising “heroes” and “zeroes”.

How to effortlessly trade rands for Bitcoin and Ethereum

How to effortlessly trade rands for Bitcoin and Ethereum

The Money Show’s Bruce Whitfield interviews Luno Country Manager Marius Reitz.

'New law threatens to wipe out vaping in South Africa'

'New law threatens to wipe out vaping in South Africa'

The Money Show’s Bruce Whitfield interviews Zodwa Velleman, CEO at the Vapour Product Association of South Africa.

The UAE is pumping billions into the Horn of Africa

The UAE is pumping billions into the Horn of Africa

The Money Show's Bruce Whitfield interviews Africa correspondent Lee Kasumba

Why the rand is going down, down, down…

Why the rand is going down, down, down…

Bruce Whitfield interviews Dr Adrian Saville (Gordon Institute of Business Science) and Rand Merchant Bank Strategist John Cairns.

“Curro’s teachers are good at math, especially division.”

“Curro’s teachers are good at math, especially division.”

Curro’s classroom apartheid, a typo causing bankruptcy, a Gauteng running club scam and a Brazilian parastatal worse than Eskom.

Popular articles
'Minnie understood he might become a target'

'Minnie understood he might become a target'

Marianne Thamm wrote the forward to 'The Lost Boys of Bird Island' and worked with Mark Minnie in editing the controversial book.

[WATCH] Dad dresses up as a mom so his sons don't feel left out on Mother's Day

[WATCH] Dad dresses up as a mom so his sons don't feel left out on Mother's Day

Khabazela shares Facebook posts, YouTube videos that have gone viral including one with the smartest dogs.

Nxasana questions why Minister Masutha's involvement is not being challenged

Nxasana questions why Minister Masutha's involvement is not being challenged

Former NDPP Mxolisi Nxasana says he didn't know the payout he received was a golden handshake.

[LISTEN] Is your phone listening in on your conversations?

[LISTEN] Is your phone listening in on your conversations?

MD at World Wide Worx Arthur Goldstuck explains how your phone may record your voice conversations.

'Black Tax'... working hard, earning well, but struggling financially

'Black Tax'... working hard, earning well, but struggling financially

Young(ish) South Africans tell stories of the mixed emotions they feel when supporting family members, and tips from an advisor.

Castro bodyguard shares tales of dictator’s double life and breath-taking wealth

Castro bodyguard shares tales of dictator’s double life and breath-taking wealth

Juan Sanchez shares stories of Fidel Castro that’ll make you re-examine everything you thought you knew about the Cuban dictator.