Ruling on SAFPS Listing

A credit card application was submitted by the complainant in October 2023 to Bank A supported by his ID, proof of address, salary advice, and bank statements.

During the processing of the credit card application, Bank A sent a verification email to Bank B which issued the bank statements that were submitted to support the credit card application.

Bank B subsequently advised Bank A that the statements were not in accordance with their records and that entries on the statements submitted as part of the credit card application were altered.

Bank A then listed the complainant’s details on the SAFPS (South African Fraud Prevention Services) database.

The complainant argued that he was a victim of impersonation and that Bank A failed to contact him before listing his details on the SAFPS database, which he claimed violated his rights.

The NFO had to determine whether Bank A was entitled to list the complainant’s details on the SAFPS database. The NFO considered that our Courts have previously ruled (e.g., Kalefya v SAFPS and Naidoo v SAFPS) that:

Banks are not legally obliged to notify individuals before listing fraud information.
Fraud listings rely on credible evidence, not criminal proof beyond reasonable doubt.
A listing can remain unless the individual provides evidence proving impersonation.

Amongst others, the NFO also noted that:-

The mobile number, email address, and ID used in the fraudulent application matched
the complainant’s own records at Bank B.
No evidence of a SIM swap or stolen ID was submitted.
The email address and phone number used were the same ones the complainant used when submitting his complaint to the NFO.

The Ombud concluded there was no evidence of impersonation and that the bank acted within its rights to list the complainant’s details on the SAFPS database.

Final Ruling

The complaint was dismissed. The Ombud held that Bank A was entitled to report his details to SAFPS, and the complainant failed to prove impersonation.

Contact details for the NFO:

Telephone: 0860-800-900