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Die nie-oordraagbare tjek

- Harmse, Laurentia

The bank's duty of confidentiality and secrecy with reference to money laundering and terror financing legislation in South Africa

- De Kock, Susan Yvonne

Finality of payment in modern methods of payment in South African law

- Molelekeng, Tshepang

The impact of Section 34 of the Constitution of the Republic of South Africa, 1996 on banking law

- Ngwenyama, Lerato Rudolph

  • Authors: Ngwenyama, Lerato Rudolph
  • Date: 2016
  • Subjects: South Africa. Constitution of the Republic of South Africa, 1996 , Banks and banking - South Africa , Banking law - South Africa
  • Language: English
  • Type: Masters (Thesis)
  • Identifier: http://hdl.handle.net/10210/124444 , uj:20918
  • Description: Abstract: The dissertation explores the impact of section 34 of the constitution of the Republic of South Africa, 1996 on certain aspects of banking law. During parliamentary sovereignty, the parliament and the executive could enact legislation ousting the jurisdiction of courts to adjudicate public-administration matters. However, the constitution in section 34 has brought changes to our banking law by compelling the alteration of established statutory or common law legal principles. The impact brought by section 34 of the constitution on banking law is explored by paying special focus to the law in potential conflict with section 34 of the constitution to see how the courts have addressed the issue of non-compliance with section 34 of the constitution. The law in potential conflict with section 34 of the constitution relates to mainly to manners in which courts could be by-passed by banks in the protection of their interests. Against this background this dissertation discusses and analyses case law in this regard which has contributed towards the development of both our common law and statutory law some of which was in conflict with section 34 of the constitution by limiting unfairly the right of access to court guaranteed by section 34 of the constitution. The following five topics are dealt with specifically: section 38(2) of the Northwest Agricultural Bank Act 14 of 1981; sections 34(3) (b) to (7), (9) and (10) and 55(2) (b) to (d) of the Land Bank Act 13 of 1944; Perfecting clauses in notarial bonds of movables without court intervention; Rule 8 of the Uniform Rules of the High Court; and section 2 of the Vexatious Proceedings Act 3 of 1956. , LL.M. (Commercial Law)
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Die belastinghantering van rente, buitelandse valuta en slegte en twyfelagtige skulde deur handelsbanke

- Steenkamp, Magda

  • Authors: Steenkamp, Magda
  • Date: 2012-09-05
  • Subjects: South Africa. Income Tax Act (1962) , Banks and banking - South Africa , Banking law - South Africa , Income tax - South Africa , Interest - Law and legislation - South Africa , Debt - Law and legislation - South Africa
  • Type: Thesis
  • Identifier: uj:3601 , http://hdl.handle.net/10210/6981
  • Description: M.Comm. , Due to uncertainties experienced while working for the South African Revenue Services and the fact that there are no specific sections in the Income Tax Act no. 58 of 1962 dealing with interest, foreign exchange and bad and doubtful debts of commercial banks there were a need to undertake a study. The study therefore undertakes an examination to determine if the existing sections of the Income Tax Act dealing with interest, foreign exchange and bad and doubtful debts are enough legislation to deal with the interest, foreign exchange and bad and doubtful debts of commercial banks. The study also try to clear all existing uncertainties experienced and mentioned in this study. The study can be divided into the following four parts: A literature study of the definition of "bank" and "banking operations", in terms of history and current legislation. A study of the definition of "interest" and "finance charges", in terms of sections of the Income Tax Act, Act no. 58 of 1962 and applicable court cases. The chapter also concentrates on the application of section 24J of the Income Tax Act on the interest-transactions of commercial banks as well as the identification of any short falls of the section. Before interest can be treated in terms of section 24J of the Income Tax Act, the source of the interest will have to be in South Africa. General sourse principles applicable to commercial banks as well as the deductability of interest expenses when expenced to generate exempt income will therefore also be covered in this chapter. A study of the application of section 241 of the Income Tax Act dealing with the foreign exchange of commercial banks. An examination of the way commercial banks should treat their bad and doubtful debts and the factors taken into account in court decisions relating thereto. The most important activities of a bank are identified in this study as the acceptance of deposits, the provision of credit, rendering of financial services and the trade in exchange and the utilisation of money and interest received. In terms of section 24J of the Income Tax Act, interest include finance charges, premiums or disconto's, all interests and the difference between all amounts payable or receivable in terms of a sale and leaseback agreement. It was found that all the interest of a commercial bank are included in the definition of interest and all the transactions of a commercial bank are treated in terms of section 24J of the Income Tax Act for income tax purposes. Section 241 of the Income Tax Act focuses on foreign exchange transactions and are found to be enough legislation for the foreign exchange transactions of commercial banks. Although bad and doubtful debts are not part of the activities of a commercial bank they are part of the uncertainties experienced while working for the South African Revenue Services. During the study it was found that doubtful debts can not be deducted in terms of section 11(a) of the Income Tax Act but only in terms of section 11(j) of the Income Tax Act. It is practice for the South African Revenue Services to only allows 25% of the full amount of doubtful debts, but as this discretion is subject to objection and appeal, the bank is entitled to claim a higher percentage as a deduction if they can provide proveto justify a higher deduction. It was also found that commercial banks can claim their bad debts in term of section 11(a) of the Income Tax Act.
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The prudential regulator under the proposed twin peaks model of financial regulation

- Siphali, Sharm

  • Authors: Siphali, Sharm
  • Date: 2015
  • Subjects: Financial services industry - South Africa , Financial institutions - Law and legislation - South Africa , Banking law - South Africa , Global Financial Crisis, 2008-2009
  • Language: English
  • Type: Masters (Thesis)
  • Identifier: http://hdl.handle.net/10210/59433 , uj:16530
  • Description: Abstract: The effects and impact of the recent global financial crisis, are yet to fade away as being something of the past. Financial markets worldwide, in particular the major first world countries, are still trying to uncover the real causes that led to the crisis and how best to innovate with new risk mitigants to prevent such a catastrophic fallout from repeating itself. Reformed financial laws were being proposed and passed swiftly to protect the governments as well as its citizens from the so-called bailout packages. It is against this backdrop that there has been a concerted effort by the G20 countries to urgently propagate the reform of the Financial Regulatory environment. Whilst to a large extent it can be argued that South Africa may not have been directly impacted by the crisis at the time, its regulatory landscape as an emerging economy was and is by no means fool-proof. As a member of the G-20 countries South Africa is also obliged to align and review its financial regulatory laws as its financial markets also operate on a global scale. The South African financial markets framework and structure is largely similar in nature to its global counterparts, although on a smaller scale and less innovative. My dissertation sets out the global regulatory reaction following the global financial crisis and its challenges. In particular I deal with the review and intended reforms of the South African financial sector and its prudential regulation. The reforms proposed for South Africa are contained in the Financial Sector Regulation Bill. This bill proposes the “Twin Peaks” model of financial regulation. The Twin Peaks model refers to the creation of two dominant regulators for the financial sector, the Prudential Authority and the Financial Sector Conduct Authority. This regulatory reform is intended to bolster the ability of these two super regulators to have stronger monitoring, supervisory and enforcement powers in proactively preventing, mitigating and anticipating any potential threats to the financial system as well as protecting financial customers. The underlying objectives of these regulatory reforms are aimed at avoiding another global financial crisis as propagated by the G20 countries. Australia is one of the first countries that has embraced and started to adopt the Twin Peaks model of financial reform. I have chosen to compare the Australian Prudential Authority with the envisaged Prudential Authority for South Africa. In undertaking such a comparative exercise I highlight some of the major differences in terms of how the regulatory authorities are structured in both countries and give an assessment on its impact in enhancing its financial regulatory dispensation. I also point out some of the similarities in each country’s reform process. I note the benefits (little impact on the global financial crisis) that the Australian Prudential Authority has brought to its financial system and conclude that such benefits could also materialise for South Africa’s dispensation if implemented effectively. Finally I conclude with reasons why I think South Africa would benefit from adopting the Twin Peaks model of regulation in the form of the new Prudential Authority. In particular I am of the view that it would be in a much better position to proactively monitor, supervise, enforce and anticipate any systemic risks to its financial system thereby making it more resilient to any crisis. This reform is also intended to concentrate its efforts in protecting financial customers from unfair market conduct and treating them fairly. , LL.M.
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The proposed twin-peaks system for regulating the financial sector of South Africa in comparative perspective

- Erasmus, Amanda

Die bankgeheimnis in die Suid-Afrikaanse reg

- Faul, W.

Regsaspekte van beheer oor banke

- Coetzer, J.J.

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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The legal consequences of fraudulent access to a bank account in South Africa

- Mnisi, Nthabiseng Victoria

The charging of interest and the validity of variable interest rate clauses

- Hunter, Carla Rowlene

  • Authors: Hunter, Carla Rowlene
  • Date: 2015-07-14
  • Subjects: South Africa. National Credit Act, 2005 , Banking law - South Africa , Interest - Law and legislation - South Africa , Usury laws - South Africa
  • Type: Thesis
  • Identifier: uj:13712 , http://hdl.handle.net/10210/13978
  • Description: LL.M. (Banking Law) , The charging of interest and the variation thereof throughout the term of a credit agreement has, in a modern South Africa, become the rule rather than the exception. This is so because in a constant evolving economy it will not be viable for large financial institutions to commit themselves to fixed interest rates especially where a credit agreement such as a mortgage agreement may extend over many years. With this comes the question as to the extent of a credit provider’s discretion to vary interest rates and the manner in which it purports to do so. Naturally where the National Credit Act finds application in respect of a credit agreement the provisions thereof relating to interest and the variation thereof will determine whether a clause allowing a credit provider to vary the interest rate unilaterally is valid and enforceable. However in instances where the National Credit Act is not applicable to a certain credit agreement, especially in the case where the consumer is a juristic person, the interest rate levied and the variation thereof will fall to be decided in terms of the common law. The application of the common law in this regard is not without difficulty and there have been many conflicting decisions of our courts in this regard. Whilst the supreme court of appeal has finally decided on the matter of discretionary interest rate clauses it is no doubt that this issue will surface for many years to come. This dissertation explains the comparative positions of interest rate and variable interest rate clauses in terms of the National Credit Act and the common law.
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The code of banking practice : an investigation into its role and enforceability in South African Banking Law

- Xavier, Edi Espírito Santo

  • Authors: Xavier, Edi Espírito Santo
  • Date: 2016
  • Subjects: Banking law - South Africa , Banks and banking - South Africa , Financial services industry - South Africa
  • Language: English
  • Type: Masters (Thesis)
  • Identifier: http://hdl.handle.net/10210/90603 , uj:20000
  • Description: Abstract: The date of commencement of the current version of the Code of Banking Practice (“the Code”) was 1 January 2012. Although, the Banking Association of South Africa had drafted a code as far back as 3 April 2000, the first Code of Banking Practice commenced (and bound all members of the banking association) on 1 October 2004. The Code was amended on two further occasions into its current version. Accordingly, all member banks of the Bankers Association have committed themselves to apply, and abide by, the Code. The provisions of the Code provide for, amongst other things, the standards for conduct expected by the banks when dealing with their clients. The Code can best be described as an enigma within the context of South African banking law. The aim of this work is to investigate the role and enforceability of the Code in South Africa. Closely associated with the Code is the office of the Ombudsman for Banking Services which was established to, amongst other things, oversee compliance with the Code. Where it exercises jurisdiction, the Ombudsman acts as an alternative dispute resolution agent in resolving disputes between banks and clients. The applicability of the Code in resolving disputes between banks and their clients depends on several factors, including the type of client, the nature of the dispute and the amount involved. If regard is had to the provisions of the Code, which the writer submits are to a large extent geared towards the benefit of the client, it is surprising that same has hardly been considered by our courts when adjudicating matters and disputes pertinent to South African banking law, and more particularly matters regarding the bank-client relationship, especially considering the deluge of cases heard on a daily basis in South African courts regarding disputes between banks and their clients. The purpose of this work is to investigate the origins of the Code and aspects associated therewith, and, in light thereof, to investigate the role and enforceability of the Code in South African banking law bearing in mind aspects such as legislative developments as well as to elaborate on certain comparative analyses with foreign law... , LL.M. (Banking Law)
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The impact of the Fourth Industrial Revolution on financial services regulation and the realisation of socio-economic rights

- Mnyandu, Langelihle Gift

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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Has the South African banking industry been captured? a preliminary assessment of the legal implications in respect of the Commission of Inquiry into State Capture

- Webster, Roxanne

A legal analysis of the duty on banks to comply with targeted financial sanctions

- Spruyt, Wynand Max Alexander

Governance disclosures for the banking sector : a case study of African Bank Ltd.

- Khoza, Mpucuko Armstrong Ezekiel

  • Authors: Khoza, Mpucuko Armstrong Ezekiel
  • Date: 2019
  • Subjects: African Bank Ltd. , Bank examination - South Africa , Bank failures - South Africa , Banking law - South Africa , Corporate governance - South Africa , King Committee on Corporate Governance
  • Language: English
  • Type: Masters (Thesis)
  • Identifier: http://hdl.handle.net/10210/421713 , uj:35957
  • Description: Abstract: In South Africa, a number of banks have failed since 1990. Governance issues have been cited as possible reasons for these failures. The purpose of this study was to understand governance disclosures with specific reference to the African Bank. This study analysed the disclosures of the governance and regulatory framework that banks must comply with, namely, the King III principles and recommendations in the wake of the financial crises 2007-2008. An empirical study was conducted to examine the extent to which governance was disclosed in African Bank’s last integrated annual report, published in 2014. Data was collected and analysed from published summaries and credible websites. A qualitative methodology was followed, and secondary data was used to establish the background of the research problem. A case study analysis was considered to be most appropriate for this study. A self-developed checklist was formulated based on King III; this was compared to the governance disclosures of African Bank to determine levels of compliance. The results of the study reveal that African Bank did not fully comply with the governance disclosures in terms of King III. Its disclosures, therefore, did not mirror the reality of the bank. , M.Com. (Computer Auditing)
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Impact of the Financial Intelligence Centre Act and a risk-based approach on the closing of bank accounts

- Gcaleka, Nompilo Kholeka

Fairness in the bank-customer contract in South Africa

- Brouwer, Johannes

  • Authors: Brouwer, Johannes
  • Date: 2021
  • Subjects: Banking law - South Africa , Contracts - South Africa , Fairness
  • Language: English
  • Type: Masters (Thesis)
  • Identifier: http://hdl.handle.net/10210/475677 , uj:42918
  • Description: Abstract: This dissertation investigates whether or not fairness is a requirement in the bank-customer contract. Banks are businesses which were essentially established to make profits for their shareholders. Their activities, products and services are still predominantly focused on making profit, however as banks have grown and diversified their product and service offerings so too have banks’ importance in society grown and banks’ impact on the financial system and individual customers’ lives grown... , LL.M. (Banking Law)
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