The University of Johannesburg’s LLM in Banking Law programme is designed to provide students with specialist knowledge in aspects of the law that are highly relevant to the banking sector. It is designed to be completed by full-time students within one year and by part-time students over two years.
This programme as set out below must still be formally approved. It consists of a minor dissertation (60 credits) together with three compulsory taught modules (3x40 credits) namely:
- Banking Law (offered in the first semester): This module has a distinct private-law focus. The central concepts of money and payment are investigated by way of introduction. This is followed by a study of banks as payment intermediaries (in various methods of domestic and international payment), banks as guarantors (both independent and accessory), and banks as lenders. Finally the module deals with bank liability arising from contract, delict or enrichment. Most of the lectures are led by Prof Charl Hugo who heads the University’s Centre for Banking Law. Guest lecturers are used occasionally due to their particular expertise.
- Financial Services Regulation (offered in the second semester): The importance of sound regulation of financial services has been well demonstrated by the recent global financial crisis. Certain key international bodies drive international cooperation in this regard. As part of this process, South Africa has decided to switch to a twin-peaks system in terms of which all financial services are regulated under the auspices of a prudential and market conduct regulator, overseen by a financial stability oversight committee jointly represented by these two regulators. In this module some fundamental theoretical concepts in the regulation of financial services are explored, including systemic risk and contagion. The prudential and market-conduct regulation is considered with a focus on the legislative components that form part of this regulatory system. Legislation dealt with includes aspects of the Banks Act, the Financial Intelligence Centre Act, the Financial Markets Act with a focus on market infrastructures, the Collective Investment Schemes Control Act, the Credit Rating Services Act and the Financial Advisory and Intermediary Services Act. Finally, the ability of current financial regulation to deal with shadow banking practices is considered. The module leader is Prof Natania Locke.
- Credit Law (offered in the first semester): This module focuses on the National Credit Act, arguably one of the most important pieces of legislation in South Africa, which has featured in many reported cases and has generated much academic commentary. The module, however, is not limited thereto. It further covers certain applied principles of contract law and a variety of specific contracts such as ordinary money loans, mortgage agreements, instalment sales and leases of movables, secured transactions, suretyships and incidental credit agreements. The module leader is Prof Jannie Otto who has published widely in this regard.
Note: there are no electives in this programme.
Only in the event of the envisaged programme set out above not being approved the taught modules will be:
- Banking Law (which will be compulsory);
- either one of the following two modules: Credit Law (offered in the first semester) and Corporate Insolvency Law (offered in the second semester); and
- any one of the following modules: Credit Law, Corporate Insolvency Law, International Commercial Law A, International Commercial Law B; Company Law; Drafting of Contracts; Economic Crime; Insurance Law; e-Commerce; Interpretation of Contracts; and Unjustified Enrichment.
Hence, Banking Law is compulsory as is either Credit Law or Corporate Insolvency Law in this programme. Due to the fact that both Credit Law and Corporate Insolvency Law are listed as free electives (in (iii) above) it will be possible to do both.
With the exception of Financial Services Regulation, classes or seminars in the taught modules are presented in the evenings on weekdays from 18h00 to 20h00 (one class per module per week). Classes in Financial Services Regulation will be arranged differently (blocked) in consultation with the class.
The next student intake will be in February 2017. In general, as a minimum admission requirement, students must have attained an average of 65% for the law subjects in their LLB degree. The number of students who can be effectively accommodated in the programme and modules having regardto the high level of personal interaction required between Master’s students and supervisors/study leaders will also be taken into account.
Bursaries are available. Students who register for the first time in 2017 and who complete their Master’s degrees within a period of two years, qualify for reimbursement of their full tuition fees (excluding the registration fee and ICT levy and subject to certain terms and conditions).
For further information, enquiries regarding entry requirements, closing dates, the application procedure and/or coursework content, please do not hesitate to contact the faculty:
Mrs P Magongoa: Auckland Park Kingsway Campus
Tel: 011 559 3843 , Email: firstname.lastname@example.org , Web: www.uj.ac.za/law
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Last updated January 2, 2017