LLB Curriculum

CML4603S Banking Law


Final level, half course, second semester.

9 NQF credits at HEQSF level 8

Convener: Ms S Buthelezi

Course  entry  requirements:  All  Preliminary  and  Intermediate  Level  courses  to  have  been completed.

Course outline:

In the first half of the course students are introduced to the private law aspect of banking. The course will examine the concepts of money and payments by exploring both the traditional forms of payments to modern methods such as digital finance. The course also examines African banking concepts such as stokvels and credit-rotating associations, and critically analyse the greater need for financial inclusion in South Africa. In this section students are introduced to the different roles of banks including banks as intermediaries, banks as guarantors, and banks as lenders (domestically and in the international financial markets). This sections also focuses on the bank-customer relationship and bank liability arising out of contract, delict or enrichment. The second half of the course examines the regulation of the banking and finance sector by exploring key legislation such as the Banks Act, the Financial Advisory and Intermediary Services Act, the Financial Markets Act amongst many others. In this section students will be introduced to key theoretical concepts such as systemic risk. This part of the module will also examine South Africa's reform of the banking and finance sector towards Twin Peaks with focus on what is twin peaks and why is there a global trend towards twin peaks.

DP requirements: None

Assessment: Research Paper (5000 words) 100%