Postgraduate Diploma: Banking Law

Purpose

The primary 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.

A second purpose of the qualification is to provide South Africa and the global community with Postgraduate students skilled in the legal aspects of Banking Law to ensure that the leadership base of innovative and knowledge-based economic and scholarly activity is widened.

A third purpose of the qualification is to provide South Africa and the global community with Postgraduate students skilled in Banking Law, who understand the constructive role they need to play as intellectual leaders in their society, and who are empowered and equipped with the necessary skills to play a key role in the continued shaping of Banking Law in a just society based on the values of a constitutional democracy within a world legal order.

A fourth purpose of this qualification will be for students to understand and appreciate the tangent points between Western concepts of banking, on the one hand, and, indigenous African banking concepts such as stokvels and credit-rotating associations, on the other hand. The similarities between these concepts as well as a broader knowledge of Banking Law in general, will create an understanding and an appreciation for the need to develop systems and concepts to fill the current need to offer banking products to those South Africans who are currently `unbanked'.

Students who have successfully completed the Postgraduate Diploma: Banking Law will be able to provide leadership and be able to work in a variety of financial and banking sectors.

Rationale

The Postgraduate Diploma: Banking Law is offered to provide comprehensive Banking Law training to Postgraduate students. In recent years there has been a dramatic increase in the number of students that have registered for LLM and LLD Degrees specialising in Banking Law. The failure of some local banks, for example Saambou Bank, the promulgation of the National Credit Act 34 of 2006, an increase in money laundering and the proliferation in electronic transfer of funds as the modern-day preferred method of payment are some of the factors that have contributed to the increased interest of students to specialise in a postgraduate qualification focusing exclusively on banking law.

The world-wide economic crisis which started at the end of 2007, was primarily the result of over-lending by banks. This, in turn, resulted in large numbers of money-borrowers who defaulted on banks. Many banks went insolvent. Major economies have collapsed or are on the verge of collapsing.

The economic crisis of 2007 has left economists, bankers and banking lawyers with many unresolved questions. There is currently a new generation of role players in the banking industry and bankers as well as their clients, who have a need of 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 aim of the Postgraduate Diploma: Banking Law is to offer a Postgraduate Law qualification to legal practitioners who need to acquaint themselves with the principles of Banking Law.

The Postgraduate Diploma: Banking Law is distinct from the LLB Degree in that it provides students with in-depth and comprehensive, specialised knowledge of Banking Law. It has much more depth than an LLB module which deals with Banking Law in a more general manner.

The Postgraduate Diploma allows students who have completed an LLB, a Bachelor of Arts: Law, or a Bachelor of Commerce: Law Degree to obtain a Postgraduate qualification in Banking Law. Students who have completed the Postgraduate Diploma: Banking Law are well equipped to continue with Master's studies in Banking Law. It provides students with the necessary knowledge which will assist them to successfully complete an LLM Degree, should they decide to continue with their studies. The qualification also provides students with specialised knowledge to practise law. It meets the growing need of society for lawyers with specialised training and enables the student to meet the increasing range of problems arising from a rapidly developing economy.

The Postgraduate Diploma: Banking Law will enable students to advance their career in the fields of law, particularly in the banking sector (for example, legal advisors, senior banking employees or banking compliance officers). Students who complete this qualification will be better equipped to apply their skills and knowledge in their respective professions (for example, legal advisors, magistrates, judges, prosecutors, attorneys, advocates or compliance officers).

Students who register for this qualification are assumed to have

• Well-developed information retrieval skills and presentation skills following prescribed formats, using IT skills appropriately.
• An ability to learn from predominantly written material.
• An ability to present and communicate information and their own ideas and opinions in well-structured arguments, showing an awareness of audience and using the academic/professional discourse appropriately.
• A capacity to operate in variable and unfamiliar learning contexts, requiring responsibility and initiative.
• A capacity to self-evaluate and identify and address own learning needs.
• An ability to interact in a learning group.

Recognition of Prior Learning (RPL)

RPL can be used to

• Grant admission to learners who do not meet the minimum admission requirements.
• Grant credits towards the qualification.

All evidence used for RPL should be judged according to the general principles of assessment. Unisa lecturers will act as assessors for RPL purposes.

Access to the Qualification

The minimum admission requirement is an appropriate Bachelor's Degree (for example, Bachelor of Arts: Law, Bachelor of Commerce: Law; or LLB.

The qualification consists of the following 5 Compulsory modules.

Modules

• Banking and Banking Supervision Law.
• The Bank-Customer Relationship Law.
• Electronic Banking Law.
• Law of Letters of Credit.
• Traditional Methods of Payment.

1. Identify and understand the role of the legal aspects of Banking Law in everyday life.
2. Critique and analyse Banking Law within a contextual framework.
3. Solve, identify and analyse complex multi-dimensional legal problems related to Banking Law.
4. Engage critically and analytically with legal text related to legal aspects of Banking Law.
5. Contribute to the realisation of a just society based on a legal democracy.

Critical Cross-Field Outcomes

All Critical Cross-Field Outcomes are embedded appropriately in the modules which constitute the qualification. They will be assessed within the context of the qualification. On achieving this qualification a student will be able to:

1. Identify, analyse and address legal problems related to banking law by using his or her acquired knowledge base responsibly and applying his or her acquired skills to engage critically and creatively with the legal aspects in a given context.
2. Work effectively with others as a member of a team, group, organisation or community to contribute to the sound administration of justice, the development of the law and legal system to meet the needs of society, and to further a just society based on a constitutional democracy.
3. Communicate effectively using language skills in the modes of written persuasion in often extensive pieces of sustained discourse.
4. Manage and organise his or her activities and life responsibly and effectively.
5. Technology is used effectively and critically, showing responsibility towards the environment.
6. Demonstrate an understanding of the world as a set of related systems by recognising that problem solving contexts do not exist in isolation.

Associated Assessment Criteria for Exit Level Outcome 1

• 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 2

• Legal problems pertaining to Banking Law are interpreted, analysed and explained within different contexts.
• Unbiased and balanced perspectives are provided on legal problems related to Banking Law.
• A comprehensive and systematic knowledge base in Banking Law and a depth of knowledge in specialised areas of Banking Law are demonstrated.
• Different points of view (scholarly and judicial debates) related to legal aspects of Banking Law are considered and critically evaluated.

Associated Assessment Criteria for Exit Level Outcome 3

• Relevant sources and authorities are consulted to address complex multi-dimensional legal problems related to Banking Law.
• The relevance and applicability of legal sources and authorities to an identified problem related to Banking Law are analysed and critically evaluated.
• The most authoritative legal materials to solve a problem are selected.
• 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.
• Substantiated responses are provided.

Associated Assessment Criteria for Exit Level Outcome 4

• Legal text is read, understood and interpreted within a contextual framework.
• Views expressed in text are reflected upon and critically evaluated and debated.
• Legal text is used to support arguments and solutions related to legal aspects of Banking Law.

Associated Assessment Criteria for Exit Level Outcome 5

• Acquired advanced skills and knowledge are used to advance legal awareness related to Banking Law within own community.
• Acquired skills and knowledge are used to advance awareness on various aspects related to Banking Law within own community.
• Problems in society related to legal aspects of Banking Law are reflected on and responsible solutions are sought.
• The underlying SA Constitutional values are interpreted and applied to problems in society related to legal aspects of Banking Law.
• An awareness and tolerance of diversity is shown and harmonising solutions are sought related to legal aspects of Banking Law.
• Conflicting interests related to legal aspects of Banking Law within a community, locally, regionally as well as globally are dealt with.
• Conflicting interests arising from horizontal and vertical relationships (for example state/state, state/individual and individual/individual) related to legal aspects of Banking Law are harmonised.

Associated Assessment Criteria for Critical Cross-Field Outcome 1

• Everyday situations are related to the law.
• Legal problems are identified in real-life or simulated factual situations.
• The nature of different legal problems is analysed.
• Different perspectives to the same problem are recognised, appreciated and evaluated.
• Relevant legal sources are gathered which may aid in solving a given problem.
• Legal materials are critically and analytically engaged with in order to make a responsible selection of potentially relevant material with due regard to the weighting of different authorities.
• Different perspectives on the same legal problem are presented.
• Different options in solving a legal problem are evaluated.
• Authoritative substantiated argument is presented, based on the responsible use of legal authority, in support of a solution to a given problem.
• Knowledge and skills are used creatively to offer suggestions for solving new problems at a community, national, international and global level.
• Legal problems in South Africa are solved creatively by responsible comparison to and critical evaluation of solutions in other legal systems, as well as global trends.

Associated Assessment Criteria for Critical Cross-Field Outcome 2

• Evidence is shown of understanding that the law has to balance different powers and competing interests of individuals and groups in society.
• Tolerance of diversity is acknowledged, demonstrated and promoted within own community, South Africa and globally.
• Different opinions are respected and investigated without pre-conceived bias.
• Understanding of the different role-players in the legal process is demonstrated.
• Responsibility to take part in legal development on local, provincial, national and international level is recognised.
• Scholarly leadership within their community is provided.

Associated Assessment Criteria for Critical Cross-Field Outcome 3

• A given situation is analysed and the legal issue involved explained.
• Own interpretation of legal sources is explained in their own words.
• Own understanding of different points of view is demonstrated.
• An issue is argued from different perspectives.
• A balanced, objective evaluation of a legal issue is provided.
• Substantiated legal argument is presented coherently within a given context.
• Counter argument is critically evaluated and responded to in a responsible and accountable manner.
• The language conventions in the discipline of law are followed.
• Authorities are used responsibly to substantiate legal arguments.

Associated Assessment Criteria for Critical Cross-Field Outcome 4

• Requisite study skills and learning strategies are demonstrated.
• Study plans are organised and managed.
• Creative and various learning strategies are used which suit personal situations and contexts.
• Self-discipline necessary for distance learning is coped with.
• A wide variety of different areas of the law related to aspects of banking law presented in different modules are coped with and the necessary links between these areas of the law are made.
• Own strengths and weaknesses are assessed and coping strategies are developed.

Associated Assessment Criteria for Critical Cross-Field Outcome 5

• The appropriate technology (computers, internet, etc.) is selected for learning and communication.
• Available technology is used responsibly to enhance learning and scholarship.
• The ethics and legal issues involved in the use of technology are recognised.
• Legal issues pertaining to the use of, for example, the internet are identified and dealt with effectively.

Associated Assessment Criteria for Critical Cross-Field Outcome 6

• A basic understanding of the legal systems of the world (international law) is shown for purposes of comparative problem-solving.
• The South African legal system is placed in context within Africa and the rest of the world.
• Similar situations in comparable legal systems are identified and harmonising solutions are sought.
• Cultural and religious diversity as manifested in different legal orders are appreciated and tolerated.
• South Africa's contribution to a just world legal order is realised.
• South Africa's role in international law, including regional and international conventions and initiatives is understood.
• The significance of international law, including regional and international conventions and other instruments for the South African community is explained.

Integrated Assessment

For award of the qualification, a candidate must achieve each of the compulsory modules and must demonstrate the ability to engage in these fields of law in an integrative way, dealing with divergent and "random" demands related to these work operations, effectively. Evidence is required that the candidate is able to achieve the purpose of the qualification as a whole at the time of the award of the qualification.

Assessors assess and give credit for the evidence of learning that has already been acquired through formal, informal and non-formal learning and experience.