Law of Banking and
Payment in South
Africa, The
Edition: 1st Edition
Publication date: 2016
Author/Editors: Sharrock, R
ISBN: 9780702199783
Format: Soft Cover
Number of Pages: 532
Retail price: R1,003.00 (incl. VAT, excl.
delivery.)
Website Link: [Link]/pdf/23609/
About this Publication:
The Law of Banking and Payment in South Africa provides an explanation of some of the more
important aspects of the law applicable to banks and banking in South Africa, along with the
principles that govern payment and payment systems in this country.
The Law of Banking and Payment in South Africa covers the following areas: a general
introduction to banks and banking law; the nature of banking law and its sources; the role and
function of the Reserve Bank and the various statutes that regulate banks; the bank–customer
relationship; miscellaneous banking services provided by banks; general principles of payment;
the law applicable to various payment systems; unauthorised cheque payments and
unauthorised electronic funds transfers; international sale transactions; and bank guarantees.
The aim of the authors is to provide a text that is both accessible for students and other persons
seeking to gain a basic understanding of the subject, and comprehensive enough to be useful to
lawyers, bankers and those who work in the field of banking and finance.
Contents Include:
Table of Cases
Banks and banking law – WG Schulze
The role of banks in commerce
The South African banking sector
Different types of banks
The nature of banking law and its sources – WG Schulze
The diversity of South African banking law
Fundamental phenomena in South African banking law
The sources of South African banking
The South African banking system – Vivienne Lawack
The South African Reserve Bank
The statutory regulation of banks
Appendix: Regulators and legislation
The bank–customer relationship – Avishkaar Ramdhin
The bank as a legal person
Who is the ‘customer’?
Classification of the bank–customer relationship
General elements of the bank–customer relationship
Sources of terms
Formation of the bank–customer relationship
Specific duties of the bank
General duties of the bank
Duties of the customer
Overdraft facilities
Reversal of credit entries
Payment from accounts
Set-off between bank accounts
Banker’s lien
Trust accounts
Termination of the bank–customer relationship
Miscellaneous banking services – Avishkaar Ramdhin
Safe custody
Bankers’ references
Furnishing of financial advice
Travel services
Estate and trust planning
Payment – Robert Sharrock
The nature of payment
The legal concept of money
The medium of payment
The amount of payment
The time and place of payment
Payment by post
Payment by and to a third person
Receipt for payment
The appropriation of payments
Guarantee of payment
Conditional payment
Payment ‘in full settlement’
Set-off
Frustration of payment
Mistaken payment
Payment obtained by theft or fraud
Proof of payment
Payment systems – Melanie Roestoff
Paper-based transfers
Electronic funds transfers
Payment cards
Unauthorised cheque payments and electronic funds transfers – Corlia van Heerden
Unauthorised cheque payments
Unauthorised electronic funds transfers
Payment in and financing of international sale transactions – Charl Hugo
Payment in advance
Open account
Documentary collections
Documentary credits
Bank guarantees – Charl Hugo
Different types of demand guarantees
The requirement of a complying demand
Of Interest and Benefit to:
Law students
Commerce students
Legal practitioners
Bankers
