This is a short case, really, but the facts are long and we think it is necessary that we
recount them in detail. The appellant is a South African national and is a member of a
horse racing club. The respondent made frequent visits to South Africa in 1998 and on
one of the visits, he convinced the appellant and his club that he, the respondent, had
charms which would enable them to win in a horse racing competition. It was thereby
agreed that the respondent would provide the charms in exchange for money. The
respondent and his club gave the appellant a total of R98,000.00 for this purpose. In
another development, at around the same time, the respondent got the appellant’s motor
vehicle, a Mercedes Benz, under the pretext that he would spray medicine to it. It is,
however, not clear from the facts what effect the medicine would have, either on the
appellant or on the motor vehicle. Whatever the effect was, the respondent disappeared
with the motor vehicle, and it has not been returned to the appellant to-date. And when
the horses went for the racing, they did not win the competition.
