LML4807/101/3//2022

Tutorial Letter 101/3/2022

Banking Law and Usage

LML4807

Semester 1 and 2

Department of Mercantile Law

This tutorial letter contains important information about your module.

BARCODE
 CONTENTS

Page

1 INTRODUCTION .......................................................................................................................... 4
2 PURPOSE AND OUTCOMES ...................................................................................................... 5
2.1 Purpose ........................................................................................................................................ 5
2.2 Outcomes ..................................................................................................................................... 5
3 CURRICULUM TRANSFORMATION ........................................................................................... 6
4 CONTACTING THE UNIVERSITY VIA EMAIL ............................................................................. 6
5 LECTURER(S) AND CONTACT DETAILS................................................................................... 7
5.1 Lecturer(s) .................................................................................................................................... 7
5.2 Department ................................................................................................................................... 7
5.3 College of Law Information Centre ................................................................................................ 7
5.4 University ...................................................................................................................................... 8
6 RESOURCES ............................................................................................................................... 9
6.1 Prescribed book(s) ........................................................................................................................ 9
6.2 Recommended book(s) ................................................................................................................. 9
6.3 Electronic reserves (e-reserves) ................................................................................................... 9
7 STUDENT SUPPORT SERVICES .............................................................................................. 10
7.1 Module-specific support initiatives ............................................................................................... 10
7.2 First-Year Experience Programme @ Unisa (only compulsory for NQF level 5 and 6 modules) .. 10
7.3 Companies falsely advertising Unisa services............................................................................. 11
8 STUDY PLAN ............................................................................................................................. 12
9 PRACTICAL WORK ................................................................................................................... 12
10 ASSESSMENT ........................................................................................................................... 12
10.1 Assessment criteria..................................................................................................................... 12
10.2 Assessment plan ........................................................................................................................ 14
10.3 Unique numbers ......................................................................................................................... 14
10.4 Assignment due dates ................................................................................................................ 14
10.5 Submission of assignments ........................................................................................................ 14
10.6 Other assessment methods ........................................................................................................ 14
10.7 The examination ......................................................................................................................... 15
11 ACADEMIC DISHONESTY ........................................................................................................ 15
11.1 Plagiarism ................................................................................................................................... 15
11.2 Cheating ..................................................................................................................................... 15
11.3 More information about plagiarism can be downloaded on the link below ................................... 15
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12 STUDENTS WITH DISABILITIES .............................................................................................. 16

13 FREQUENTLY ASKED QUESTIONS ........................................................................................ 16
14 IN CLOSING ............................................................................................................................... 16
15 ADDENDUM 1: PRESCRIBED READING LIST ......................................................................... 17

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Dear LML4807 Student

1 INTRODUCTION

Unisa is a comprehensive ODeL higher education institution. The comprehensiveness of our

curricula encapsulates a range of offerings, from strictly vocational to strictly academic
certificates, diplomas and degrees. Unisa's "openness" and its distance eLearning character
result in many students registering at Unisa who may not have had an opportunity to enrol in
higher education. Our ODeL character implies that our programmes are carefully planned and
structured to ensure success for students ranging from the under-prepared but with potential to
the sufficiently prepared.

Teaching and learning in an ODeL context involve multiple modes of delivery ranging from
blended learning to fully online. As a default position, all post graduate programmes are offered
fully online with no printed study materials, while undergraduate programmes are offered in a
blended mode of delivery where printed study materials are augmented with online teaching and
learning via the learner management system – myUnisa. In some instances, undergraduate
programmes are offered fully online as well.

Welcome to the module Banking Law and Usage (LML4807). We are pleased to welcome you
to this module and hope that you will find it both interesting and rewarding. We will do our best to
make your study of this module successful. You will be well on your way to success if you start
studying early in the year and resolve to do the assignments properly.

The module Banking Law and Usage (LML4807) is taught using a blended mode of learning.
Whether a module is offered either as blended (meaning that we use a combination of printed
and online material to engage with you) or online (all information is available via the internet), we
use myUnisa as our virtual campus. This is an online system that is used to administer, document
and deliver educational material to you and support engagement with you. Look out for
information from your lecturer as well as other Unisa platforms to determine how to access the
virtual myUnisa module site. Information on the tools that will be available to engage with the
lecturer and fellow students to support your learning will also be communicated via various
platforms.

Accordingly, you are encouraged to log into the module site on myUnisa regularly (that is, at
least twice per week). Owing to the nature of this module, you can read about the module and
find your study material online. Go to the website at https://my.unisa.ac.za and log in using your
student number and password. You will see [LML4807-22-S1/S2] in the row of modules displayed
in the orange blocks at the top of the webpage. Select the More tab if you cannot find the module
you require in the blocks displayed. Then click on the module you want to open.

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This tutorial letter contains important information about this module. We urge you to read it
carefully and to keep it at hand when working through the study material, preparing the
assignments, preparing for the examination and addressing questions to your lecturers. Right
from the start we would like to point out that you must read all the tutorial letters you receive
during the semester immediately and carefully, as they always contain important and,
sometimes, urgent information. You are strongly encouraged to download the study material from
myUnisa. Also, you need to download the additional reading material listed in Addendum
1 below, from the Library website.

We hope that you will enjoy this module and wish you all the best!

2 PURPOSE AND OUTCOMES

2.1 Purpose

Unisa’s tuition rationale is directed at facilitating mature, responsible learning with a view to the
acquisition of sound knowledge and the ability to apply and develop knowledge and competencies
in the workplace and other contexts.

In this course, you will study selected aspects of banking law. In this course, we had to find a
middle way by covering the law applicable to those banking activities that are exclusively or mainly
undertaken by banks and closely related to their particular nature as financial institutions.

Subsequently, the purpose of this module is to equip students with knowledge of and insight into
selected aspects of banking law and provide basic research skills related hereto in the practice
of law with specific regard to the concept of transformative constitutionalism. Students who
complete this module will be able to illustrate the importance of banking law within both a legal
and social context. This module will be suited for students intending to pursue a career as
attorneys, advocates or legal practitioners, both in the private-and public sector, where knowledge
of banking law will be required.

2.2 Outcomes

There are four general outcomes to be achieved namely to:

• Identify and investigate the role of banking law in current South African law and everyday
life.
• Demonstrate a critical understanding of the theoretical framework of, and the most pressing
and prevalent issues regarding banking law.
• Apply the principles of banking law in practical situations and solve multi-dimensional legal
problems associated with banks.
• Locate and then interpret the legal resources relating to banking law in order to adequately
substantiate legal argument.
To achieve these outcomes, the following topics will be studied in this module:

• Banking law as a field of study;

• Sources of banking law;
• The South African banking system;
• Legal aspects of financial inclusion;
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• The bank-customer relationship;
• The bank as a depository;
• The bank as a borrower: the taking of deposits;
• The National Payment System and selected methods of payment;
• Electronic banking;
• Credit agreements;
• Money-laundering control and legislation related to banking; and
• Financial sector regulation.

3 CURRICULUM TRANSFORMATION
Unisa has implemented a transformation charter based on five pillars and eight dimensions. In
response to this charter, we have placed curriculum transformation high on the teaching and
learning agenda. Curriculum transformation includes the following pillars: student-centred
scholarship, the pedagogical renewal of teaching and assessment practices, the scholarship of
teaching and learning, and the infusion of African epistemologies and philosophies. These pillars
and their principles will be integrated at both programme and module levels as a phased-in
approach. You will notice a marked change in the teaching and learning strategy implemented by
Unisa, together with how the content is conceptualised in your modules. We encourage you to
embrace these changes during your studies at Unisa in a responsive way within the framework
of transformation.

4 CONTACTING THE UNIVERSITY VIA EMAIL

To assist Unisa to safeguard your personal information, please ensure that you only use your
myLife e-mail account when communicating with the university. We will not be responding to
any emails sent from private email addresses.
By using your myLife e-mail account, the university has a reasonable assurance that we are
communicating with you, as your e-mail address contains your student number and you use your
login credentials to access the account.
Unisa may only communicate with a student using a private e-mail address under the following
circumstances:

• New applicants who are enquiring about information for the purpose of applying for
admission.
• New applicants who do not yet have a myLife e-mail account, because they have been
admitted but not yet registered.
• Where a student requires assistance in resolving myLife e-mail account access
problems.

Please be aware that any personal information you publish on public platforms, such as social
media platforms and WhatsApp groups, is not covered by the provisions of Protection of Personal
Information Act 4 of 2013. Any personal information published in the public domain is not
considered private and can, therefore be accessed by external parties with access to such
platforms.
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5 LECTURER(S) AND CONTACT DETAILS

5.1 Lecturer(s)

All queries that are not of a purely administrative nature, but are about the content of this module,
should be directed to us.

Your lecturers for this module will be:

Name: Mrs AN Wagener

Contact number: 012 429-8802
E-mail: wagenan@unisa.ac.za

Name: Dr MM Koekemoer
Contact number: 012 429-2916
E-mail: koekemm@unisa.ac.za

For administrative matters contact:

Puseletso Mofokeng
Building and office number: Cas Van Vuuren 6-94
E-mail address: mofokpg@unisa.ac.za
Telephone number: 012 429 6767

5.2 Department
The general number for the Department of Mercantile Law is 012 429 8579. Please have your
tutorial material with you when you contact us by telephone

5.3 College of Law Information Centre

For college-specific queries, please email lawdeanery@unisa.ac.za or
CLAWinquiries@unisa.ac.za. The college can also be contacted by phoning 012 429
4718/4860/6166/3253/4428.
Please send all emails from your mylife email account. If you send an e-mail directly to a
Unisa e-mail address, insert your student number in the subject line to effect the correct routing
to an advisor for processing.

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5.4 University

To contact the university, please dial 080 000 1870. Remember to keep your student number at
hand when contacting the university. The Unisa Student Communication Service Centre will be
open weekdays from 08:00 – 16:00 (South African Standard Time).

Please send all emails from your mylife email account. If you send an e-mail directly to a
Unisa e-mail address, insert your student number in the subject line to guarantee the correct
routing to an advisor for processing. Please check the list carefully and send an enquiry to
one e-mail address only. This will ensure that there is no confusion as to who must respond,
thereby preventing unnecessary delays in the response or the email portrayed as spam. Students
should only forward enquiries to the Registrar and Deputy Registrar in instances where those
enquiries could not be resolved at other levels.

TYPE OF QUERY EMAIL ADDRESS TELEPHONE NUMBER

ICT
myUnisa myUnisaHelp@unisa.ac.za 012 429 3111 (Option 2)
myLife myLifeHelp@unisa.ac.za 012 429 3111 (Option 2)
STUDENT ADMISSIONS AND REGISTRATIONS
General applications and registration
study-info@unisa.ac.za
queries
College of Law jus@unisa.ac.za
International students international@unisa.ac.za
Exemptions adhoccredits@unisa.ac.za
Access and matriculation exemption ame@unisa.ac.za
Re-admissions study-info@unisa.ac.za
STUDENT ASSESSMENT ADMINISTRATION
General assignment enquiries assign@unisa.ac.za
General exam queries exams@unisa.ac.za 012 429 8641
Aegrotat exams aegrotats@unisa.ac.za 012 429 8641
Exam arrangements for students with examdisabled@unisa.ac.za
012 429 8641
disabilities
Exam admission examadmission@unisa.ac.za 012 429 8641
International students examinternational@unisa.ac.za + 27 12 429 2268
Remarks remark@unisa.ac.za 012 429 8641
Purchase of an exam script purchasescript@unisa.ac.za 012 429 8641
FINANCE
Student account enquiries finan@unisa.ac.za 012 429 2441/4299
STUDENT FUNDING

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General student funding enquiries letsomp@unisa.ac.za 012 441 5600

STUDY MATERIAL
Despatch enquiries despatch@unisa.ac.za

6 RESOURCES
6.1 Prescribed book(s)

There are no prescribed textbooks for this module.

6.2 Recommended book(s)

There are no recommended books for this module.

6.3 Electronic reserves (e-reserves)

It is COMPULSORY that you study the cases and articles listed below in Addendum 1. You must
study the cases in conjunction with the study guide. This will help you to gain greater insight into
the relevant principles and their application. The prescribed cases and articles mentioned in this
tutorial letter, are furthermore placed on the e-reserves. You will find this on the Unisa library
website. This means that this material is made available in full text, either by providing links
to scanned images of cases or articles on the library catalogue or by providing links to full-
text cases on existing commercial databases. You will then be able to access electronic
reserves material from your computer (or someone else’s).

We appreciate that it is impossible to study all the cases cited in the study guide in the time at
your disposal. A selection has therefore, been made of the most important decisions. Some of
the cases included in the list below are leading ones; others may contain an informative
discussion, a succinct statement of principles, or a set of facts which neatly illustrates such
principles. We offer you merely a small selection, however, and you would be well advised to read
as many additional cases as possible, not only for the reasons set out above, but also to become
adept at swiftly reading through and appraising a case, something which will be of inestimable
value to you in practice later on. It is also advisable that you try to read the relevant cases in the
law reports as they appear each month: this will enable you to keep abreast of the latest
developments in the field of law that you are studying.

You should also bear in mind that the cases discussed in your study guide, which do not appear
in the list below are also important and should not be ignored. They must be studied in the way
in which they appear in the study guide.

You can download the E-reserves from the library catalogue. More information is available at:
http://libguides.unisa.ac.za/request/request

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6.4 Library services and resources information

The Unisa Library offers a range of information services and resources:

• For brief information, go to https://www.unisa.ac.za/library/libatglance

• For more detailed Library information, go to
http://www.unisa.ac.za/sites/corporate/default/Library
• For research support and services (eg Personal Librarians and literature search services),
go to http://www.unisa.ac.za/sites/corporate/default/Library/Library-services/Research-
support

The Library has created numerous Library guides: http://libguides.unisa.ac.za

Recommended guides:

• Request and find library material/download recommended material:

http://libguides.unisa.ac.za/request/request
• Postgraduate information services: http://libguides.unisa.ac.za/request/postgrad
• Finding and using library resources and tools:
o http://libguides.unisa.ac.za/Research_skills
• Frequently asked questions about the library:
o http://libguides.unisa.ac.za/ask
• Services to students living with disabilities:
o http://libguides.unisa.ac.za/disability

Important contact information:

• Ask a Librarian: https://libguides.unisa.ac.za/ask
• Technical problems accessing library online services: Lib-help@unisa.ac.za
• General library related queries: Library-enquiries@unisa.ac.za
• For queries related to library fines and payments: Library-fines@unisa.ac.za

7 STUDENT SUPPORT SERVICES

7.1 Module-specific support initiatives

All information relating to module-specific support initiatives will be made available to you via
myUnisa on the module site.

7.2 First-Year Experience Programme @ Unisa (only compulsory for NQF level 5 and 6
modules)

For many students, the transition from school education to tertiary education is beset with anxiety.
This is also true for first-time students to Unisa. Unisa is a dedicated open distance and e-learning
institution. Unlike face-to-face/contact institutions, Unisa is somewhat different. It is a mega
university, and all our programmes are offered through a blended learning mode or fully online
learning mode. It is for this reason that we thought it necessary to offer first-time students
additional/extended support so that you can seamlessly navigate the Unisa teaching and learning
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journey with little difficulty and few barriers. In this regard we offer a specialised student support
programme to students entering Unisa for the first time. We refer to this programme as Unisa’s
First-Year Experience (FYE) Programme. The FYE is designed to provide you with prompt and
helpful information about services that the institution offers and how you can access information.
The following FYE programmes are currently offered:

• FYE website: All the guides and resources you need to navigate through your first year at
Unisa can be accessed using the following link: www.unisa.ac.za/FYE

• FYE e-mails: You will receive regular e-mails to help you stay focused and motivated.

• FYE broadcasts: You will receive e-mails with links to broadcasts on various topics related
to your first-year studies (eg videos on how to submit assignments online).

• FYE mailbox: For assistance with queries related to your first year of study, send an e-mail
to fye@unisa.ac.za

7.3 Companies falsely advertising Unisa services

Some companies and social media pages have been falsely advertising Unisa online information
and various services to assist Unisa students. In the process, companies either solicit money
fraudulently from students or make money through online advertising with no benefit to students.
These companies are in no way associated or related to Unisa.
We request that students only use official Unisa sites and platforms as any other platforms will
provide you with incorrect information and/or act illegally which will be harmful to your studies.
Unisa will always use official communication channels (eg Unisa website, myUnisa, Unisa social
media platforms, myLife e-mail) to communicate with students.
Please use the following Unisa platforms for official Unisa information:

• www.unisa.ac.za
• https://my.unisa.ac.za
• https://www.facebook.com/UniversityOfSouthAfrica
• https://twitter.com/unisa
• https://www.linkedin.com/company/unisa

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8 STUDY PLAN

It is very important that you log in to myUnisa regularly. We recommend that you log in at least
twice a week to do the following:

• Check for new announcements. You can also set your myLife email account so that you
receive the announcement emails on your cell phone.
• Do the Discussion Forum activities (if applicable). When you do the activities for each
learning unit, we want you to share your answers with the other students in your group. You
can read the instructions and even prepare your answers offline, but you will need to go
online to post your messages.
• Online lectures (if applicable). You will receive communication during the study period
concerning the date, time and electronic platform where the lectures will take place.
We hope that by giving you additional ways to study the material and practise all of the activities,
you will succeed in the blended module. To get the most out of the blended module, you MUST
go online regularly.

9 PRACTICAL WORK
There are no practicals for this module.

10 ASSESSMENT
10.1 Assessment criteria

The tuition method for this module consists of both formative assessment and summative
assessment. The year mark counts 20% and the examination mark counts 80%. In other
words: the mark obtained for the two compulsory assignments (year mark) will count 20%
towards your final mark, provided that you obtain an examination mark of at least 40%.

You, therefore, need to obtain a subminimum of at least 40% in the examination before your year
mark can be taken into account. This means that a student who has obtained at least 40% in the
examination and has a good year mark will have a great advantage above another student with
no year mark or a poor year mark.

We will determine whether you have met the four outcomes listed above, by using specific
assessment criteria for each outcome as follows:

Outcome 1: Identify and investigate the role of banking law in current South African law
and everyday life.

• Legal problems and issues relating to banking are identified in real or simulated fact
scenarios.
• Daily occurrences regarding banking law are interpreted and analysed.
• The identification and investigation must take place with due consideration of the principle
of transformative constitutionalism.
• Investigate the role of banking law to improve the position of certain vulnerable groups.

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Outcome 2: Demonstrate a critical understanding of the theoretical framework of, and the
most pressing and prevalent issues regarding banking law.

• The historical roots and development of banks are explained and integrated with regard to
the existing legal position.
• Problems and issues relating to banking law are identified in real or simulated fact scenarios.
• Substantiated arguments, opinions, and solutions are presented, based on research.
• The relevance and applicability of various legal sources and authorities are analysed and
critically evaluated in terms of identified problems relating to banking law.
• Different points of view in respect of banking law are discussed and evaluated.
• Areas in need of legal development or reform are recognized, also taking into consideration
social justice imperatives and the eradication of the inequalities resulting from the application
of banking law.
• Language used is consistent with the conventions in the discipline of law.

Outcome 3: Apply the principles of banking law in practical situations and solve multi-
dimensional legal problems associated with banks.

• Practical problems from case law and everyday examples are solved using appropriate
research methods and applying the principles and rules of banking law.
• Responsible and expert advice on an appropriate course of action is given in respect of
banking law.
• Relevant sources and authorities are found and used to solve problems regarding banks.
• The relevance and applicability of various legal sources and authorities in respect of
identified problems relating to banks are analysed and critically evaluated.
• The most appropriate and authoritative legal materials are selected to solve identified
problems relating to banks, with due regard to applicable constitutional principles.
• The knowledge and skills that students have acquired in other areas of the law, such as
the law of contract, the law of delict, and procedural law are integrated in discussing,
analysing, and applying the principles of banking law.
• Substantiated responses are provided, based on acquired knowledge base.
• Responsible and expert advice is provided on an appropriate course of action.

Outcome 4: Locate and then interpret the legal resources relating to banking law in order
to adequately substantiate legal argument.

• Basic literature research skills are demonstrated.

• Source material is found and used to suit the needs of the particular area of research.
• Authorities are used appropriately to substantiate arguments and support solutions for
problems which banks are faced with.
• Legal sources are used critically and analytically within a contextual and constitutional
framework.
• Students act responsibly and ethically as researchers and scholars, e.g. refer appropriately,
acknowledge sources, and avoid plagiarism.

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10.2 Assessment plan

You must log into the module site on myUnisa in order to access the following:

• the due dates for assignments

• the actual assignments that must be completed

• how to submit your assignments

• the weighting of the different assessments

• admission to the exam

• the examination.

10.3 Unique numbers

Assignments are no longer given unique numbers.

10.4 Assignment due dates

• There are no assignment due dates included in this tutorial letter.

• Assignment due dates will be made available to you on the landing page of myUnisa for this
module. We envisage that the due dates will be available to you upon registration.

• Please start working on your assignments as soon as you register for the module.

• Log on to the myUnisa site for this module to obtain more information on the due dates for
the submission of the assignments.

10.5 Submission of assignments

All information on when and where to submit your assignments will be made available to you via
the myUnisa site for your module.

10.6 Other assessment methods

There are no other assessment methods for this module.

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10.7 The examination

Examination information and details on the format of the examination will be made available to
you online via the myUnisa site. Look out for information that will be shared with you by your
lecturer and e-tutors (where relevant) and for communication from the University.

11 ACADEMIC DISHONESTY
11.1 Plagiarism
Plagiarism is the act of taking the words, ideas and thoughts of others and presenting them as
your own. It is a form of theft which involves several dishonest academic activities, such as the
following:

• Cutting and pasting from any source without acknowledging the source.
• Not including or using incorrect references.
• Paraphrasing without acknowledging the original source of the information.

11.2 Cheating
Cheating includes, but is not limited to, the following:

• Completing assessments on behalf of another student, copying from another student

during an assessment or allowing a student to copy from you.
• Using social media (eg WhatsApp, Telegram) or other platforms to disseminate
assessment information.
• Submitting corrupt or irrelevant files.
• Buying completed answers from “tutors” or internet sites (contract cheating).

11.3 More information about plagiarism can be downloaded on the link below
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-rules

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12 STUDENTS WITH DISABILITIES
The Advocacy and Resource Centre for Student with Disabilities (ARCSWiD) provides an
opportunity for staff to interact with new and returning students with disabilities.
If you are a student with a disability and would like additional support or need additional time for
assessments, you are invited to contact the university by sending an email to
examdisabled@unisa.ac.za, so that you can be assisted. In your email include the name of the
module(s) that you are currently registered for.
For content-related queries, please send an email to any of your lecturers:
Name: Mrs AN Wagener
Contact number: 012 429-8802
E-mail: wagenan@unisa.ac.za

Name: Dr MM Koekemoer
Contact number: 012 429-2916
E-mail: koekemm@unisa.ac.za

13 FREQUENTLY ASKED QUESTIONS

See Study @ Unisa brochure which contains an A-Z guide of the most relevant study information.

14 IN CLOSING
Do not hesitate to contact us by email if you are experiencing problems with the content of this
tutorial letter or with any academic aspect of the module.

We wish you a fascinating and satisfying journey through the learning material and trust that you
will complete the module successfully.

Your lecturers: LML4807

DEPARTMENT OF MERCANTILE LAW
Unisa

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15 ADDENDUM 1: PRESCRIBED READING LIST

Lesson 0: Introduction to LML4807

No prescribed material.

Lesson 1: Banking law as a field of study

No prescribed material.

Lesson 2: Sources of Banking Law

Du Toit SF “Reflections on the South African Code of Banking Practice: aantekeninge” (2014) 3
Tydskrif vir die Suid-Afrikaanse Reg 568-579

Lesson 3: The South African banking system

Prescribed material

David Trust and Others v Aegis Insurance Company Ltd and Another 2000 (3) SA 288 (SCA)

Lesson 4: Legal aspects of financial inclusion

No prescribed material.

Lesson 5: The bank-customer relationship

Prescribed material

Firstrand Bank Ltd v Chaucer Publications Pty (Ltd) 2008 (2) SA 592 (C)

Standard Bank of SA v Oneanate Investments (Pty) Ltd 1995 (4) SA 510 (C)

Joint Stock Varvarinskoye v Absa Bank Ltd 2008 (4) SA 287 (SCA)

Standard Bank of South Africa Ltd v Echo Petroleum 2012 (5) SA 283 (SCA)

Durr v Absa Bank and another 1997 (3) SA 448 (SCA)

ABSA Bank Limited v Hanley 2014 (2) SA 448 (SCA)

ABSA Bank Ltd v Lombard Insurance Co Ltd; FirstRand Bank Ltd v Lombard Insurance Co Ltd
2012 (6) SA 569 (SCA)

Trustees, Estate Whitehead v Dumas and Another 2013 (3) SA 331 (SCA)

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 WG Schulze “The Bank’s right to cancel the contract between it and its customer unilaterally
Bredenkamp v Standard Bank of South Africa Ltd 2010 4 SA 468 (SCA)” (2011) 32 Obiter 211

Lesson 6: The bank as depository

Prescribed material

Mensky v Absa Bank Limited t/a Trust Bank [1997] 4 All SA 280 (W)

First National Bank of SA Ltd v Rosenblum and another 2001 (4) SA 189 (SCA)

Transitional Local Council of Randfontein v Absa Bank Ltd [2000] 2 All SA 134 (W)

Lesson 7: The bank as borrower: the taking of deposits

No prescribed material.

Lesson 8: The National Payment System and selected traditional instruments and methods
of payment

Prescribed material

Re Charge Card Services Ltd [1988] 3 All ER 702

Lesson 9: Electronic banking

Prescribed material

Take and Safe Trading CC & Others v Standard Bank of SA Ltd [2004] 1 All SA 597 (SCA); 2004
(4) SA 1 (SCA)

Nissan South Africa (Pty) Ltd v Marnitz NO (Stand 186 Aeroport (Pty) Ltd Intervening) 2005 (1)
SA 441 (SCA)

Pestana v Nedbank Ltd 2008 (3) SA 466 (W)

Nedbank Ltd v Pestana 2009 (2) SA 189 (SCA)

WG Schulze “Countermanding an Electronic Funds Transfer: The Supreme Court of Appeal
Takes a Second Bite at the Cherry” (2004) 16 SA Merc LJ 667
WG Schulze “Electronic Fund Transfers and the Bank’s Right to Reverse a Credit Transfer: One
Big Step (Backwards) for Banking Law, One Huge Leap (Forward) for Potential Fraud. Pestana
v Nedbank (Act One Scene Two)” (2008) 20 SA Merc LJ 290

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 LML4807/101/3/2022

Lesson 10: Credit agreements

No prescribed material.

Lesson 11: Money-laundering control and legislation related to banking

Prescribed material

Columbus Joint Venture v Absa Bank Ltd 2002 (1) SA 90 (SCA)

Lesson 12: Financial sector regulation

No prescribed material.

19