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Bank failures : lessons for South Africa

- Terblanche, Francois

Retail banks and the code of banking practice under the market conduct regime in South Africa

- Mahlakwana, Thabiso Matiye

  • Authors: Mahlakwana, Thabiso Matiye
  • Date: 2019
  • Subjects: Banking law - South Africa
  • Language: English
  • Type: Masters (Thesis)
  • Identifier: http://hdl.handle.net/10210/413569 , uj:34846
  • Description: Abstract: The Twin Peaks model of regulation brought about significant changes to South Africa’s financial sector landscape. The new regulatory regime sought to separate financial regulation into prudential regulation and market conduct regulation. One of the newly added responsibilities of the market conduct regulator is the regulation and supervision of banks. This effectively means that banks will be subjected to Treating Customers Fairly principles when interacting with the customers. Currently one of the key instruments influencing the bank-customer relationship is the Code of Banking Practice. The code applies to personal and small businesses customers. The new market conduct regulation makes it necessary to evaluate the future of the Code of Banking Practice. The dissertation makes an assessment of the code based on a few problematic areas which have been identified, namely set-off and the closing of bank accounts; in addition, the code will be measured against some of the findings made by the World Banking Group in the Retail Banks Diagnostic report. In light of the above-mentioned, this dissertation seeks to answer the question of whether the current Code of Banking Practice will still be relevant under the market conduct regime in South African. Case law and the position taken by the Ombudsman for Banking Services in some instances will be explored in order to answer the question posed above. Lastly, a comparative analysis is made between South Africa and Australia in order to assess what lessons could be learned from foreign jurisdiction. , LL.M. (Banking Law)
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The constitutionality of deemed ratified pre-incorporation contracts

- Moreroa, Pheagane Dawid

The impact of the Fourth Industrial Revolution on financial services regulation and the realisation of socio-economic rights

- Mnyandu, Langelihle Gift

The impact of the National Credit Act on financial inclusion in South Africa

- Nqwaba, Andisa

The incidental credit agreement – a theoretical and practical perspective

- Aucamp, Reneé-Louise

  • Authors: Aucamp, Reneé-Louise
  • Date: 2013-11-20
  • Subjects: South Africa. National Credit Act, 2005 , Credit - Law and legislation - South Africa
  • Type: Thesis
  • Identifier: uj:7770 , http://hdl.handle.net/10210/8659
  • Description: LL.M. (Commercial Law) , The National Credit Act replaced the Credit Agreements Act and the Usury Act and introduced new concepts and classifications with new parameters to South African credit law. One of these new concepts is the incidental credit agreement. Although the incidental credit agreement is novel to South African credit law, the underlying agreements that form the basis of an incidental credit agreement are well-known and part of our everyday existence. The underlying agreements often become subject to the National Credit Act without our realising this or intending them to be subject to the act. This mini-dissertation discusses the theoretical aspects of the incidental credit agreement and provides practical examples of such agreements, as found in legal precedent and in contracts procured or drafted by the writer.
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The unilateral termination of the bank-client contract by the bank

- Narotzky, Gabriela

  • Authors: Narotzky, Gabriela
  • Date: 2018
  • Subjects: Banking law - South Africa
  • Language: English
  • Type: Masters (Thesis)
  • Identifier: http://hdl.handle.net/10210/270900 , uj:28802
  • Description: LL.M. (Commercial Law) , Abstract: The unilateral termination of bank accounts by the bank is a current issue in South Africa. The big four South African banks terminating their relationships with Gupta-controlled companies during March 2016 had the rest of the world following suit. Banks are being pressurised around the world to prove their undertaking to make bona fide business decisions and to demonstrate their commitment to good governance when dealing with their customers’ accounts. The bankcustomer relationship is a contractual one which has been defined differently by various authors. The common law position on the closing of bank accounts has been compared in three jurisdictions and clarified with reference to older judicial decisions. Interestingly, there have been numerous developments in South African case law on the closing of bank accounts. In different circumstances, banks have unilaterally terminated their mandates with customers. The clause contained in the bank-customer contract empowering a bank to unilaterally terminate a bank account has been alleged by contracting parties as either unfair or contrary to constitutional values or public policy. The Constitution therefore has a significant impact on the bank and customer contract. It has also been recognised in case law that the conduct and transactions of a bank are subject to legislative provisions, policies and clear imposed legal duties within the national and international sphere. Domestic and international laws will be assessed to clarify the responsibilities of a bank in relation to conducting its business operations. This discussion will explore the question of whether South African law sufficiently provides for the circumstances in which a bank can unilaterally terminate a customer’s account, against the background of the bank-customer mandate and the regulatory environment surrounding the banking sector.
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