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A person over the age of 12 who commits a crime can be held liable for the offence, they said; they threatened to play the call recording in court and seek judgment against the father for the unpaid debt, and have his salary garnished.Nerisha Besesar, an associate in Durban-based law firm Shepstone & Wylie’s litigation department, said someone under 18 had no legal capacity to enter into a contract, and in this case it was clear the boy did not understand and appreciate the terms of the contract.I put it to them that the boy in this case clearly sounded – by his voice and his hesitancy over the year he was born – under 18. As it turns out, Social Network is not the only such company to be operating out of the small town of Uvongo on KZN’s south coast.The sex chat line company which Carte Blanche featured recently was another company, My Way, but its modus operandi is virtually identical.
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And then comes the harassment to pay up, followed by threats to charge the boy with fraud – for lying about being over-18 at the start of the call – and to play the recording of the conversation in court, and to seek a civil judgment against the parent for non-payment of the debt.
The big issues in this scenario, aside from the moral ones, are: can parents be held liable for paying for a service obtained by a minor child, and would a court prosecute a minor for fraud under such circumstances? 94.” And then Lily delivered the crucial information about the cost of the service, very fast, without the pauses which would have given the words meaning.
In this boy’s case, his few minutes of saucy talk saw his father getting a bill for R1 560.
When he didn’t pay, he started getting threatening SMSes, voicemails and e-mails.