oa Codicillus - Legislative erosion of the banker - client confidentiality relationship

Volume 48, Issue 2
  • ISSN : 0010-020X



It is pivotal for a bank to strictly uphold the common law duty of secrecy and confidentiality owed to its clients (also referred to as "this duty"), in order to uphold a sound reputation in a commercially competitive global market. However, the last decade has seen the enactment of statutory legislation in South Africa which has materially diminished the extent to which bankers can protect and safeguard this duty.

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