Professor Corlia van Heerden

Position, academic & professional qualifications

Professor Corlia van Heerden is the Barclays Africa Chair in Banking Law in Africa. She is a professor in the Department of Mercantile Law. She holds the degrees B Proc, LLB, LLM (Unisa), LLM (Insolvency Law, UP), LLD (RAU). The title of her LLD-thesis in Law of Civil Procedure is “Voorbereiding vir verhoor ter verwesenliking van die grondwetlike waarborg van ‘n billike siviele verhoor” (Preparation for trial in fulfilment of the constitutional guarantee for a fair civil trial). She is an admitted attorney and conveyancer.

Academic & professional experience

After practising as an attorney for a number of years, she was appointed at the former Rand Afrikaans University (now University of Johannesburg) as lecturer in Law of Civil Procedure in 1995. In 1998 she was promoted to senior lecturer and to associate professor in 2007. In January 2009 she joined the Department of Mercantile Law at the University of Pretoria as associate professor and was promoted to professor in 2015.

Teaching activities

She currently teaches Law of Banking and Financial Institutions (LBF 410). She also teaches the following Masters courses: Banking Regulation (BNK 802); Banking Law Capita Selecta (BNK 805);Statutory Competition Law (SCL 801) and International Consumer Protection (AML 804) as well as selected lectures in the course Advanced Consumer Protection (AML 803).

Representative publications

Journal Articles

Van Heerden "Chronicle of a death foretold: The end of Trial by ambush and the dawn of the exchange of witness statements", 2005 TSAR 330-347.
Boraine &Van Heerden "Reading substance and procedure into the right to security of tenure", 2006 De Jure 319-353
Van Heerden "Perspectives on Pre-trial exchange of expert witness testimony", 2006 De Jure 555-585.
Van Heerden & Otto "Enforcement in terms of the National Credit Act 34 of 2005", 2007 TSAR 655-684
Van Heerden “Jurisdiction in terms of the National Credit Act”, 2008 TSAR 840-855.
Van Heerden & Boraine "The Interaction between the Debt Relief measures in the National Credit Act 34 of 2005 and Aspects of Insolvency Law", 2009 PELJ 22-61.
Boraine & Van Heerden“To sequestrate or not to sequestrate in view of the National Credit Act: a tale of two judgments” 2010 PELJ 3-38
Van Heerden & Boraine “The conundrum of the compulsory non-compulsory notice in terms of section 129(1)(a) of the National Credit Act” 2011 SA Merc LJ 1-18
Van Heerden “ Unsolicited goods in terms of the Consumer Protection Act 68 of 2008” 2011 International Jnl of Private Law 533-548
Van Heerden “The impact of the National Credit Act 34 of 2005 on standard acknowledgements of debt” 2011 THRHR 644-659
Van Heerden & Boraine “ The Money or the box: perspectives on reckless credit in terms of the National Credit Act 34 of 2005” 2011 De Jure 44-66
Van Heerden “Section 85 of the National Credit Act 34 of 2005: thoughts on its scope and nature” 2013 De Jure 968-998
Van Heerden and Roestoff “ Over-indebtedness under the National Credit Act as a bona fide defence to summary judgment” 2014 De Jure 276-287
Van Heerden & Renke “ Perspectives on the South African responsible lending regime and the duty to conduct pre-agreement assessment as a responsible lending practice” 2015 International Insolvency Review Online
Van Heerden and Boraine “The impact of section 129(1)(a) of the National Credit Act on the prescription of credit agreement debt” 2015 THRHR 457-475
Van Heerden & Botha “Challenges to the South African Corporate Leniency Policy and Cartel Enforcement” 2015 TSAR 308-333

She is co-author of the following books:

Fundamental Principles of Civil Procedure (Rowan, Theophilopoulos, Van Heerden, Boraine) (LexisNexis) (2006).
Guide to the National Credit Act (Scholtz, Otto, van Zyl, Van Heerden, Campbell (LexisNexis) (2008 et seq).
Commentary on the Consumer Protection Act ( Naude & Eiselen eds) (Juta)(2014 et seq)

Areas of specialisation

Her main areas of interest are Banking law, Consumer Credit and general Consumer Protection Law, Law of Civil Procedure and Insolvency law. She also has a keen interest in Competition Law.

Participation in conferences

She has presented papers at numerous national conferences and the following are some of the papers she presented at international conferences:

Consent by a foreign peregrinus: the quest for independence (International conference on Private International Law, held at UJ, Johannesburg, January 2005)
Towards a Homestead exemption in South African Insolvency Law (ALTA –conference, Sydney, Australia, July 2009)
Unsolicited Goods in terms of the Consumer Protection Act 68 of 2008 (IPL Conference, Barcelona, Spain, November 2010)
Offering hope in the context of responsible lending: lessons from South Africa regarding best practices (International Association of Consumer Law Conference, Amsterdam, Netherlands, 2015)

Academic and professional membership

She was a member of the Rules Board for Court of Law from 2003 to 2011.

Tel: +27 (0)12 420-2377

Fax: +27 (0)12 420-4010

E-mail: [email protected]

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