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The right to terminate a banking relationship unilaterally
Mini Dissertation (LLM)--University of Pretoria, 2018.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2019
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| _version_ | 1867613481495166976 |
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| access_status_str | Open Access |
| author2 | Brits, Reghard |
| author_browse | Brits, Reghard |
| author_facet | Brits, Reghard |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2018. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/69949 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:50.231Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/69949 The right to terminate a banking relationship unilaterally Brits, Reghard u12023117@tuks.co.za Nel, Jean-Louis UCTD Mini Dissertation (LLM)--University of Pretoria, 2018. In recent times it has come to the attention of the public that a bank can terminate a bank-client relationship unilateraly based on reasons or no-reasons at all. The public’s attention was drawn to this by the controversial closure of the Oakbay’s accounts by the prominent banks in South Africa. This was not the first time that such a closure of bank accounts occured in South Africa and the locus classicus in this regard is Bredenkamp v Standard Bank. In this matter the Supreme Court of Appeal was bestowed the task to determine the constitutionality of the cancelation clause found in a standard form contract that allowed a bank to terminate its relationship with a client. In order to determine the constitutionality of the clause the court applied the constitutionality test as set out in Barkhuizen v Napier, whereafter it was found that the cancelation was just. This dissertation will therefore investigate whether a bank can unilaterally decide to proceed with the termination of the bank-client relationship. It will be argued that a bank may proceed to do so, but a further investigation is required to determine the reasons why the bank might proceed to terminate a bank-client relationship unilaterlly and the rationale thereof. Consideration will be given to the enactment of the Financial Intelligence Centre Amendment Act, the development of the common law under the Constitution, and international best practice that have been developed to combat the financing of terrorism and money laundering. The latter may impose a duty on a bank under certain circumstances to terminate the bank-client relationship unilaterly. Mercantile Law LLM Unrestricted 2019-06-02T11:39:32Z 2019-06-02T11:39:32Z 2019/04/04 2018 Mini Dissertation Nel, J 2018, The right to terminate a banking relationship unilaterally, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/69949> A2019 http://hdl.handle.net/2263/69949 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD The right to terminate a banking relationship unilaterally |
| title | The right to terminate a banking relationship unilaterally |
| title_full | The right to terminate a banking relationship unilaterally |
| title_fullStr | The right to terminate a banking relationship unilaterally |
| title_full_unstemmed | The right to terminate a banking relationship unilaterally |
| title_short | The right to terminate a banking relationship unilaterally |
| title_sort | right to terminate a banking relationship unilaterally |
| topic | UCTD |
| url | http://hdl.handle.net/2263/69949 |