In the digital age, more and more people are using electronic banking. The risks associated with electronic banking include typing errors which result in money being transferred to an incorrect account or more money being paid than is due. If a person receives money mistakenly transferred to their account and uses that money, knowing that the money is not due, that person is guilty of theft. This is clear from the supreme court of appeal decision in Nissan South Africa v Marnitz NO.
There may be isolated instances in which a person uses money, mistakenly paid to that person, without appreciating that the money was not due. In such circumstances, while the person may not be guilty of theft, the beneficiary could still be ordered to pay back the money, on the basis of unjustified enrichment.
