B.PROC (UP); LLB (UP); LLM (UNISA) LLM (UP) LLD (RAU)
Home Department: Mercantile Law
Corlia Van Heerden is a professor in mercantile law and incumbent of the ABSA Chair in Banking Law in Africa. She teaches banking law at the Master’s programme in Banking Law that she established at the University of Pretoria. She also teaches competition law and regularly presents seminars on the National Credit Act 34 of 2005 and Consumer Protection Act 68 of 2008.
TEACHING 2021
During 2021 Professor Van Heerden will be teaching at the LLM-module in Banking Regulation.
Areas of interest - Banking regulation; credit law with special focus on enforcement and responsible lending; liability of banks for unauthorised payments; consumer law; competition law and law of civil procedure.
Recent publications
“The role of the SARB as central bank in the South African Twin Peaks model” (co-written with Gerda van Niekerk) in Gowin & Schmulow (eds). The Cambridge Handbook of Twin Peak Financial Regulation (2020)
Van Heerden, Van Niekerk & Huls “Two Takes on Twin Peaks: A comparative appraisal of the models of financial regulation in the Netherlands and South Africa”
Van Heerden “The power of the Debt restructuring Court under the National Credit Act: Tampering with interest and fees” accredited chapter in 2020 Annual Banking Law Update peer-reviewed conference bundle
Published during the last five years
Van Heerden “Deposit Protection in South Africa: Recent Developments” (2020) Journal of International Banking Law and Regulation 45
Van Heerden and Van Niekerk “The importance of a legislative framework for co-operation and collaboration in the Twin Peaks model of financial regulation” (2020) SA Law Journal 108
Published during the last five years
Chapters in Books
Chapter 11, 12, 14 and 19 in Scholtz et al Guide to the National Credit Act (Lexis Nexis 2008 et seq)(updated annually)
Chapter 3, 4, 5 in Naude & Eiselen (eds) Commentary on the Consumer Protection Act (Juta 2014 et seq) (updated annually)
Chapter 8 in Sharrock et al The law of Banking and Payment in South Africa (Juta 2016)
Chapter 6, 7, 12, 13, 14 in Theophilopoulos, Van Heerden and Boraine Fundamental Principles of Civil Procedure (LexisNexis)
Journal articles
Brink and Van Heerden ‘The need for an international trade tribunal’ 2016 SALJ 409
Van Heerden and O’Reilly ‘ Debt restructuring, partisan debt counsellors , costs and other important debt counselling issues: Firstrand Bank and Another v Barnard and Another 2015 JDR 1614 (GP) 2016 THRHR 632
Van Heerden and Beyers ‘ Dynamic Affordability Assessment in the context of the South African National Credit Act 34 of 2005’ 2016 Journal of International Banking Law and Regulation 446
Brits, Coetzee and Van Heerden “The reinstatement of credit agreements in terms of the National Credit Act 34 of 2005: Quo Vadis?” 2017 THRHR 177
Van Niekerk and Van Heerden “Twin Peaks : the role of the South African central bank in promoting and maintaining financial stability” 2017 THRHR 636
Van Heerden “The Rescue of African Bank: a Step Forward in Banking Regulation in South Africa (2017) 32 Journal of International Banking Law and Regulation 350
Van Heerden and Van Niekerk “Twin Peaks in South Africa: a new role for the central bank” 2018 Law and Financial Markets Review 1
Van Heerden “Voluntary surrender: some observations on the importance of section 127 of the National Credit Act 34 of 2005” (2018)
Van Heerden and Steennot “Pre-agreement assessment as a responsible lending tool in South Africa the EU and Belgium: Part 1” (2018) PELJ vol 21
Van Heerden and Steennot “Pre-agreement assessment as a responsible lending tool in South Africa, the EU and Belgium: Part 2” (2018) PELJ
Van Heerden and Uzokwe .”Consumer Protection in the banking industry: a comparison of the South African and Nigerian Codes of Banking Practice” (2018) THRHR 631
Van Heerden and Van Niekerk “The financial stability mandate of the South African Central Bank in the Post-Crisis Landscape” (co-authored with Gerda Van Niekerk) 2018 Journal of International Banking Law and Regulation 414
Schmulow, Woker and Van Heerden “Curbing Reckless and Predatory Lending: An Analysis of South Africa’s National Credit Act”(2019)Journal of Business Law 12
Fritz & Van Heerden “The interaction between the National Credit Act and the Value Added Tax Act where goods are surrendered or repossessed” 2019 THRHR 311
Barnard & Van Heerden “Narrowing the reach of the strict product liability provisions in section 61 of the Consumer Protection Act 68 of 2008: Eskom Holdings Ltd v Halstead-Cleak ZASCA 150 (30 September 2016)”2019 THRHR 444
Van Heerden & Fritz “Allocation of prepayments received on credit agreements: perspectives on section 126(3) of the National Credit Act 34 of 2005” 2019 THRHR
Van Heerden & Barnard “Caveat emptor: second-hand cars and the Consumer Protection Act 68 of 2008” accredited chapter in De Serie Legenda Developments in Commercial Law (2019)(LexisNexis)
Van Heerden & Coetzee “Unintentionally trapped by Debt Review: Procedural Inadequacies in the National Credit Act 34 of 2005 relating to withdrawal from the debt review process” accepted for publication in 2019 PELJ (22) 2
Van Heerden & Renke “Perspectives on the disclosure of the location of goods in terms of section 97 of the National Credit Act 34 of 2005” 2019 Obiter vol 40 3 1
Van Heerden and Renke “Cost of credit in terms of the National Credit Act: “On the road fees, administrative fees and/or handling fees” accredited chapter in 2019 Annual Banking Law Update peer-reviewed conference bundle
Van Heerden “Deposit Protection in South Africa: Recent Developments” (2020) Journal of International Banking Law and Regulation 45
Van Heerden and Van Niekerk “The importance of a legislative framework for co-operation and collaboration in the Twin Peaks model of financial regulation” (2020) SA Law Journal 108
Doctoral students supervised
Completed Doctoral Supervision:
Stefan Renke
(Co-supervised with Prof Andre Boraine): An evaluation of debt prevention measures in terms of the National Credit Act 34 of 2005 (graduated 2012)
Jacolien Barnard
The influence of the Consumer Protection Act 68 of 2008 on the common law of sale (Co-supervised with Prof Chris Nagel)(graduated 2013)
Ignatious Nzero
Corporate restructurings in Zimbabwe: a legal analysis of the regulation of corporate mergers and acquisitions in Zimbabwe (graduated 2014)
Daniel Strachan
The regulation of promotional competitions in South Africa (graduaded 2016)
Monica Vessio (co-supervised with Prof Niek Grove)
The National Credit Act 34 of 2005 background and rationale for its enactment with a specific study of the remedies of the credit grantor in the event of breach of contract (graduated 2016)
Gertruida Van Niekerk
The Role of the Central Bank in Promoting and Maintaining Financial Stability in South Africa- A Comparative Analysis (Graduated 2017)
Henry Lugulu
A comparative appraisal of the Kenya Deposit Insurance Act, 2012 (Prof Hermie Coetzee as co-supervisor) (graduated 2019)
Sarah Tennant
Strict Product Liability in South Africa: An analysis of the concept of “defect” and the statutory defences available to the supply chain (Prof Stefan Renke as co-supervisor)(graduated 2019)
Sylvia Papadopoulos
Selected Aspects of E-Commerce, Digital Content and Consumer Protection In South Africa (Prof Melanie Roestoff as co-supervisor)(Graduated 2020)
Current LLD Supervision
Mamofana Lichaba
Title: The Designation and Regulation of Systemically Important Financial Institutions (SIFI)
Brian Kiautha
Title: Bank Resolution in Kenya
Me Agnes Matasane
Title: Explicit deposit insurance in the South African Banking Sector
Morongoe Nkisi
Title: Unsecured Credit: Payday Lending in South Africa
Jacob Ssali
Title: The role of the central bank as lender of last resort
Me Ashley Nyaude
Title: Regulatory Measures to address bank failure in Zimbabwe
Philip Bouwer
Title: The political goals of the South African Competition Act
Priscilla Njako
Title: A Comparative Appraisal of Selected Aspects of the Kenya Competition Act 12 of 2010
Johann Koen
Title: The Regulation of Credit Bureaux in South Africa (Co-supervisor: Prof Stefan Renke)
Lichaba Sekhosana
Title:The role of the Central Bank of Lesotho in the promotion and maintenance of financial stability
Me Nalukui Kongwa
Title: The impact of the South African Twin Peaks model on financial consumer protection in the banking industry
Tendai Jangara
Title: Privacy, the protection of personal information and trans-border cloud computing: A South African regulatory framework
Mr Johann Hattingh
Title: The regulation of financial conglomerates in South Africa
Me Henrike Putter (South Africa)
Title: Establishing a legal framework for liability for unauthorised and erroneous credit transfers in South Africa
Mmiselo Qumba
Title: A Comparative Appraisal of the Institutional and Collaborative Framework of the South African Twin Peaks Model of Financial Regulation
Jacqui Church
Title: The Role of Public Interest in Merger Regulation in South Africa
Nelly Sakata
Title: The Role of the South African Competition Act in the Promotion of SMEs
Andrew Muller
Title: A Comparative Appraisal of deposit-taking in banking, e-money and payments regulation in South Africa
Issabella Anane-Fosuhene
Title: Measures to prevent failure of deposit-taking financial institutions in Ghana
Kweku Obiri-Korang
Title: Deposit Protection in Ghana
David Woker
Title: The regulation of cryptocurrency in South Africa
Bryan Eiseb
Title: A review of the legal framework for bank resolution in Namibia
[last updated: 1 April 2021]