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LML4807 Exam pack 2024(Questions and answers)
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LML4807 EXAM PACK2024
QUESTIONS AND
ANSWERS
FOR ASSISTANCE CONTACT
EMAIL:gabrielmusyoka940@gmail.com
, lOMoARcPSD|44660598
1ठ⃚
CLS cc
Banking Questions Ð Semester 1 2016
ठ⃚
Study Unit 1:
Question 1:
Define Banking
That part of the law that regulates the legal relations of banks in their capacity as
FINANCIAL institutions.
Question 2:
Define public-banking law
The public banking law governs the legal relationships between banks and
government organs (especially the Registrar of Banks) whom are in a position of
authority to the banks and includes legal rules providing for state control over
money and banking in general and banking operations in particular.
Question 3:
Define private-banking law
The civil banking law governs the legal relationships between banks and their
clients as well as third parties who contract with banks or in another way affected
by banking operations. This part of the banking law is mainly applied obligations
(contract and delict).
Question 4:
What is the main provision on fundamental rights? (Article 33)
¥ Everyone has the right to administrative action that is lawful, reasonable
and procedurally fair.
¥ Everyone whose rights are adversely affected by administrative action, the
right to be given written reasons.
¥ National legislation must be enacted to give these rights to give effect and
should:
1 - provision for review of administrative action by a court or, where
appropriate, an independent and impartial tribunal;
2 - state is obliged to provide the rights in subsections (1) and (2) to give
effect, and
3 Ð promote an effective administration.
Question 5:
How to ensure the right continued efficient functioning of the banking
system?
¥ public banking law that control and regulate banking institutions to ensure
their solvency
¥ civil banking law which provides legal certainty regarding the rights and
obligations that arise when individual transactions take place
Critical Law Studies cc ©
, lOMoARcPSD|44660598
2ठ⃚
CLS cc
Banking Questions Ð Semester 1 2016
ठ⃚
Question 6:
To what extent can the fundamental rights under section 36 (1) for general
applicable law be limited?
¥ When its reasonable
¥ Òjustifiable in an open and democratic society based on human dignity,
equality and freedomÓ.
¥ and taking into account all relevant factors, including the following:
. the nature of law
. the importance of the purpose of limiting
. the nature and extent of the restriction
. the relationship between the limitation and its purpose and
. A less restrictive way to the goal
Question 7:
What is the primary objective of the Reserve Bank?
Pursuant to section 224 (1) Ðto protect the domestic and foreign value of the
currency in the interest of balanced economic growth in the Republic.
Critical Law Studies cc ©
, lOMoARcPSD|44660598
3ठ⃚
CLS cc
Banking Questions Ð Semester 1 2016
ठ⃚
Study Unit 2: Sources of Banking law
Question 1:
What are the sources of banking law?
¥ Banks Act
¥ Inspection of Financial Institutions Act
¥ Financial Institutions Act
¥ The SA Reserve Bank Act
¥ The Currency an Exchange Act
Question 2:
What is a local custom?
A rule in a particular place or area force obtained as a result of prolonged pursuit.
eg Van Breda v Jacobs
Question 3:
What is the role of the banking adjudicator?
He acts as referee between banks and their clients whenever a dispute between the
latter two parties is referred to the adjudicator for adjudication.
Question 4:
What is the Bank Code?
The Banking Code is a lengthy document that provides for a wide range of aspects
relating to the banker-client relationship
Question 5:
What does the banking code include?
¥ The bank must provide information to his client with regards to services the
bank offers
¥ accounts the customer holds at the bank
¥ bank fees the bank charge for such services and accounts
¥ protecting the client's personal information
Question 6:
Write a short note in which you explain the relevance of English Law in SA
banking law? (5)
SA banking system displays strong resemblance to the English banking system
because of its historical links. However there is substantial difference between the
English and SA legal systems but where SA law is silent on a matter appertaining
to banking practice, the decisions of English courts have had strong persuasive
authority.
SA common law is Roman Dutch law however the RD authors did not write
specifically about banking law however there are a number of books on English
banking law.
English law is accessible, whereas SA banking law is still largely unexplored.
Critical Law Studies cc ©
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