Required: With reference to applicable case law, fully explain whether Ms. Ndaba can be held criminally liable for theft and fraud under the circumstances. Notes to students: In your discussion of the applicable case, you do not need to discuss the other statutory offences the appellants were found in contravention of. You need to discuss what the court held regarding theft and fraud.

Head (ne TICILIOUS Scenano and answer tne question Mat Tolows: Ms. Ndaba operates a dairy farm called \"Green Meadows", located in the rural area of the Eastern Cape. The fanm is situated near the Eastem River, which is used by Ms. Ndaba for irrigation and to provide water for her livestock. The Eastern River falls under the jurisdiction of the Eastern Irrigation District, which is regulated by the Eastern Inigation Authority Authority"). The Authority has set guidelines on the use of water from the river and monitors the amount of water abstracted by fanmers within the district To ensure the proper monitoring of water use, the Authority mandates that all water pumps on farms within the district be registered. In addition, each farm must install a water flow monitoring system on their registered pumps to accurately measure the quantity of water used. Fanners are required to periodically report the water usage readings to the Authority, and the Authority also conducts random inspections to check for compliance. Ms. Ndaba complies with the registration of her primary irrigation pump and installs the required monitoring system on it. However, she fails to register a secondary pump she uses to irrigate a portion of the farm that was recently acquired. This secondary pump does not have a water flow monitoring system in place, and the water used from this pump is not reported to the Authority. During one of the routine inspections by the Authority's field inspectors, the secondary pump is discovered, and Ms. Ndaba is informed that she may be in violation of the regulations set forth by the Authority. The Authority accuses Ms. Ndaba of contravening provisions of the National Water Act 36 of 1998 by not fully complying with the registration and reporting requirements. The Authority alleges that Ms. Ndaba's failure to register the secondary pump and report the water usage constitutes fraud, as she intentionally omitted the second pump, which led to false reporting. Furthermore, the Authority suggests that Ms. Ndaba's actions may amount to theft, as she has allegedly taken more water than she is authorised to use without the necessary monitoring or reporting. Ms. Ndaba approaches you for advice on how to handle the legal issue she finds herself in