Master of Laws in Banking Law

Purpose

The purpose of the Master of Laws in Banking is to equip lawyers to work and advise clients within the banking- law environment with confidence. They will understand the regulation of banks (currently under the Banks Act but also under the envisaged twin-peaks model.

It is intended that the student enrolled for this Master's Degree will make a contribution, through independent research, advanced problem-solving skills and critical, reflective thinking that will contribute to the knowledge and practice in the field. The student will present research findings in reports that meet the accepted criteria and ethical principles of the University. The student will also be assessed on course-work according to Institutional and Faculty policies and procedures.

Rationale

The Master of Laws in Banking Law is designed to provide students with specialist knowledge in aspects of the law that are highly relevant to the banking sector. The world-wide economic crisis which started at the end of 2007, was as a result of over-lending by banks. This, in turn, resulted in large numbers of money-borrowers who defaulted on banks. Many banks went insolvent. This left economists, bankers and banking lawyers with many unresolved questions. This resulted in a need for a better understanding of the legal principles which govern banks, the relationships between banks and their customers and the financial products which banks sell. The purpose of the qualification is for students to acquire advanced knowledge, specific skills and applied competence in the specialised field of Banking Law for continued personal intellectual growth, gainful economic activity, and to make valuable contributions to society.

On the public-law side the main issue is the regulation of banks. On the private law side, the following issues have emerged as important in the last decade, banks as payment intermediaries (in international and domestic transactions), banks as guarantors, the liability of banks for negligence (both contractual and delictual), potential enrichment claims arising in banking context and, finally, banks as lenders - with special attention to the National Credit Act. Knowledge in all these areas are needed both within banks and within the legal profession. The range of students include students improving their Literally Legum Baccalaureus (LLB) education immediately after graduating by enrolling for an LLM, employees of banks and organisations such as the National Credit Regulator or Banking Ombud, and practitioners wishing to improve their knowledge of banking law.

Recognition of Prior Learning (RPL)

University of Johannesburg (UJ) Policy regulation 5P/5.7.

The Faculty of Law accepts Recognition of Prior Learning (RPL) as an integral part of education and academic practice. It is acknowledged that all learning has value and the Faculty of Law will endeavour to assess prior learning and award credit where relevant.

The Faculty of Law manages RPL according to the University of Johannesburg's RPL policy, which will be applied as follows for purposes of this programme as set out in the Faculty of Law policy:

1. Through RPL a student may gain access, or advanced placement, or recognition of status, on condition that he/she continues his/her studies at the UJ.
2. Recognition takes place in terms of requirements and procedures applied by the Faculty of Law.
3. RPL in the case of a student not complying with the formal entry requirements
4. Is conducted after payment of the prescribed fees in accordance with the policy and guidelines of the University;
5. Is based on other forms of formal, informal and non-formal learning and experience;
6. Is considered only where prior learning corresponds to the required NQF-level;
7. Takes place where prior learning in terms of applied competencies is relevant to the content and outcomes of the programme;
8. Is considered in terms of an assessment procedure that includes a motivated recommendation by an assessment panel to the Dean's Committee of the Faculty of Law and is finally decided upon by the Faculty of Law's Dean's Committee.

The following Faculty documentation can be accessed from the yearbook as it pertains to this programme

• Admission policy for this programme.
• RPL policy.

Entry Requirements

The minimum entry requirement is an LLB degree (or equivalent qualification) at NQF 8. Candidates for admission to

• Master's Degrees in general need to have obtained their previous degree with an average mark of at least 65%.
• The relevant Head of Department may permit an applicant to register as a student for purposes of receiving guidance with, and use the facilities of the University for, the preparation of a research proposal. This does not create an expectation that the student will be admitted to Master's studies and such registration is provisional pending the approval of the admission of the student by the Board of the Faculty of Law. The Board of the Faculty of Law approves the admission of a student on the basis of the academic merit of the student, the research proposal submitted by the student and the ability of the Faculty to provide appropriate and continuous study guidance and supervision.

The qualification comprises of compulsory and elective modules totaling 180 Credits.

Compulsory modules

• Mini Dissertation, 60 Credits.
• Banking Law, 40 Credits.

Elective modules 40 credits each (select two)

• Unjustified Enrichment.
• International Commercial Law A.
• International Commercial Law B.
• Company Law.
• Drafting of Contracts.
• Economic Crime.
• Insurance Law.
• e-Commerce.
• Interpretation of Contracts.
• Corporate Insolvency.

1. Solve, identify and analyse complex multi- dimensional legal problems related to Banking Law.
2. Demonstrate a comprehensive understanding of the legal aspects of Banking Law in everyday life.
3. Demonstrate a comprehensive, systematic and integrated specialist knowledge and skills of the discipline.
4. Display advanced research skills.
5. Present and communicate the results of research by appropriate academic/professional discourse.

Associated Assessment Criteria for Exit Level Outcome 1

• Effectively apply the principles to address complex multi-dimensional legal problems related to Banking Law.
• Apply relevant legal sources and authorities to an identified problem related to Banking Law are analysed and critically evaluated.
• Apply different solutions to a problem related to legal aspects of Banking Law are considered and critically evaluated and the consequences of each solution for future legal development are contemplated.

Associated Assessment Criteria for Exit Level Outcome 2

• Legal issues arising from Banking Law are identified in real or simulated fact scenarios.
• Daily events related to the various facets of Banking Law are interpreted and analysed within a legal framework.
• Theory is applied to practice (and vice versa) in the context of Banking Law by means of relevant case and literature studies.
• Banking Law is utilised within a regional and global context to cope with modern-day challenges, demands and problems.

Associated Assessment Criteria for Exit Level Outcome 3

• Apply the theories, research methodologies, epistemologies, and methods/techniques relevant to Banking Law.
• Use a range of specialised Law related skills to identify, analyse and deal with complex problems and issues.
• Cite relevant literature and recent trends in the technologies, techniques, models and theories in the field of Law.
• Demonstrate advanced information retrieval and processing skills to identify, analyse, synthesise and independently evaluate quantitative and/or qualitative data in the field of Law.
• Operate in specialised Law contexts and utilise ethical decision-making skills in dealing with complex ethical and professional issues and make informed judgements on such issues.

Associated Assessment Criteria for Exit Level Outcome 4

• Clearly identify and define the research problem.
• Develop and present a research project by applying the correct research methodologies and techniques.
• Draw systematically and creatively on the theories, research methodologies, methods/ techniques (including statistical and mathematical techniques), literature and materials of their discipline/field of choice.
• Operate autonomously and take responsibility for their own work and be accountable for the work of others when working with others in a team.
• Critique and evaluate current research and participate in scholarly debates, addressing both theory and practice, in the science area of specialisation.

Associated Assessment Criteria for Exit Level Outcome 5

• The research problem, its justification, process and outcome is reported in a dissertation which complies with the generally accepted norms for research at this level.

Intergrated Assessment

Formative assessment

• Seminar presentations and student/supervisor consultations.

Summative assessment

• Module assignments and examination.
• Research Dissertation.