LML4807 Assignment 1 (COMPLETE ANSWERS) Semester 2 2026 - DUE 28 August 2026

LML4807 Assignment 1 (COMPLETE ANSWERS) Semester 2 2026 - DUE 28 August 2026; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.8.1..2.7.8..3.3.7.2... Fikile Mokoena has been banking with Nedstar Bank for the past 8 years. He operates both a personal savings account and a business cheque account with the bank for his catering business. Bongani is Fikile's former business partner. The two of them previously ran a small transport business together, but the partnership dissolved after a falling out. Bongani believes that Fikile still owes him money from the dissolved partnership. He telephones the branch where Fikile's accounts are held and speaks to a bank consultant, Palesa. He identifies himself as Fikile's former business partner and explains that he wants to determine whether Fikile can afford to repay him the money. He asks Palesa to tell him the current balances on Fikile's accounts and to provide a summary of deposits made into the accounts over the preceding three months. Palesa does not ask Bongani for any form of identification and does not attempt to contact Fikile to obtain his consent. Believing she is helping resolve a dispute between the two, Palesa reads out the account balances to Bongani over the telephone and subsequently emails him a transaction printout showing the relevant deposits. Bongani uses the printout to pressure Fikile into repaying him, and also shows it to a mutual acquaintance to convince others that Fikile can afford to pay. When Fikile becomes aware of what has happened, he consults you, a candidate attorney, for legal advice. Answer the following questions with reference to the facts above: a) With reference to the common-law principles governing a bank's duty of confidentiality towards its customer, including the qualifications recognised in Tournier v National Provincial and Union Bank of England [1924] 1 KB 461, advise Fikile whether Nedstar Bank breached its duty of confidentiality towards him. (7) b) Fikile also wants to know whether a bank's duty to keep a customer's affairs confidential is recognised anywhere other than in the common law. Identify and briefly discuss TWO statutory provisions (other than the Financial Intelligence Centre Act 38 of 2001 and the Prevention of Organised Crime Act 121 of 1998) that recognise or protect the confidentiality of a bank customer's information.