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The legal nature and impact of the international convergence of capital measurement and capital standards: a revised framework (Basel II), as a component of banking supervision, on banking law

  • Authors: Keyser, Karen
  • Date: 2012-07-19
  • Subjects: Banking law , Basel II (2004)
  • Type: Mini-Dissertation
  • Identifier: uj:8845 , http://hdl.handle.net/10210/5257
  • Description: LL.M. , The Basel Capital Accords have been observed and implemented by banks throughout the world, although produced and formulated by a body which possesses no law making authority. Due to a lack of binding force the work of the Basel Committee on Banking Supervision is regarded as recommendations only and implemented and complied with on a voluntary basis. Against the backdrop of the recent global economic crisis and the development of banking supervision, I aim to come to a conclusion as to the nature of the Convergence of Capital Measurement and Capital Standards: A Revised Framework (Basel II), through a comparison between various possibilities of classification. The investigation of the legal nature and possible classification of Basel II is of significance as there is no real certainty regarding its current legal nature, except that it is a non-binding accord considered to be “soft law”. A further investigation will be performed on the development of banking supervision in the United States of America, South Africa and the United Kingdom and the impact of Basel II on each of these jurisdictions. A comparative study will be conducted which focuses primarily on the measures of implementation and impact which Basel II has had on the countries under consideration. The role which Basel II played in the recent world economic crisis deserves discussion due to the great impact that was felt by the banking industry on a global level, in particular the role which Basel II possibly played in the economic impacts felt by the United States of America, South Africa and the United Kingdom. By this study I wish to achieve clarity on the role which Basel II plays, its impact on banking law as a whole, as well as its nature.
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Counterfeit card fraud : is there a need to introduce legislation to facilitate the prosecution of related criminal activities?

  • Authors: Ferreira, Gerda
  • Date: 2012-11-06
  • Subjects: Bank fraud , Credit cards - Law and legislation , Electronic fund transfers - Law and legislation , Debit cards - Law and legislation , Banking law , Consumer protection - Law and legislation , Credit card fraud
  • Type: Thesis
  • Identifier: uj:7359 , http://hdl.handle.net/10210/8115
  • Description: LL.M. , Despite payment cards being of a fairly recent origin,1 these instruments of payment play an increasingly significant role in commerce. With reference to credit cards, Cornelius already in 2003 stated: “They fulfil various functions that are increasingly important at a time that ecommerce is taking off at a tremendous pace.”2 Similarly criminals continuously use more inventive and technologically advanced methods to commit fraud, including counterfeit card fraud. Is the South African criminal law, however, keeping up? The aim of this study is to investigate whether the various activities which form part of the criminal business value chain relating to counterfeit card fraud, with specific reference to bank payment cards, are sufficiently criminalised in South Africa or whether the inability of our criminal law to address the challenges posed by this crime type necessitates the introduction of further legislation. In the first part of the dissertation the South African common and statutory criminal law is investigated in some depth to establish the applicability thereof on the activities forming part of the criminal business value chain relevant to counterfeit card fraud. The appropriateness of certain statutory provisions is questioned and recommendations are made to amend current legislation. An argument is also advanced for further development of the common-law offence of theft to include identity theft and the unlawful copying and subsequent use of data. Brief reference is made to the international situation. Chapter 2 is an introduction to bank payment card fraud in South Africa focusing on the most prevalent forms thereof being card-not-present fraud and counterfeit card fraud. Reference is made to the manner in which offences related to counterfeit card fraud are currently approached in our criminal courts and the limited impact prosecutions has on the prevalence of this fraud type.
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The duty on the bank issuing a letter of credit to return the documents : legal perspectives from Canada, England and South Africa

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African Banking Corporation of Botswana v Kariba Furniture Manufacturers & Others (228/2014) [2015] ZASCA 69 (20 May 2015) : a discussion of the meaning of the term “binding offer” in terms of section 153(1)(b)(ii) of the Companies Act

A banking perspective on the constitutional right to housing with emphasis on mortgage agreements

  • Authors: Mangena, Dimakatso
  • Date: 2017
  • Subjects: Right to housing , Housing - Law and legislation , Mortgage loans - Law and legislation , Banking law
  • Language: English
  • Type: Masters (Thesis)
  • Identifier: http://hdl.handle.net/10210/236354 , uj:24189
  • Description: LL.M. (Banking Law) , Abstract: The purpose of this dissertation is to analyse the impact of section 26 of the Constitution on the sale in execution of mortgaged immovable property by the bank as a judgement creditor. When a debtor defaults on payments due in terms of the mortgage agreement, the bank usually approaches the court for default judgement and an order declaring the property executable. Over the past years obtaining a writ of execution declaring immovable property executable has been disputed as being an infringement of a debtor’s right of access to adequate housing. This dissertation starts off by discussing the importance of the housing clause in the Constitution and the commercial value of mortgage finance. Case law dealing with the constitutionality of the sale in execution of mortgaged immovable property will be discussed and from these case discussions it becomes apparent that mortgage foreclosure law has changed as the bank needs to adhere to certain procedural requirements when proceeding with the enforcement of a mortgage debt. Furthermore an order declaring a debtor’s residential immovable property executable, infringes on the debtor’s constitutional right of access to adequate housing, therefore judicial oversight is required before such an order can be granted. Judicial oversight is necessary to ensure that all the relevant circumstances are considered before a decision is made for a debtor’s home to be sold in execution. It ensures that there is a proportionate relationship between the purpose of the sale of a debtor’s home and the effect that such a sale has on the debtor’s rights. Judicial oversight also ensures that the sale in execution process is not abused and will be used as a last resort. The banks, as mortgagees now have a duty to ensure that all other less drastic means of debt recovery are used before approaching a court of law for an order declaring the debtor’s home executable...
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African Banking Corporation of Botswana v Kariba Furniture Manufacturers (Pty) Ltd and others 2015 (5) SA 192 (SCA): a critical analysis of the interpretational glitches of the terms “binding offer” and “reasonable prospect”

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