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 Prof. Vivienne Lawack

Position: Deputy Vice-Chancellor: Academic
Department:  
Faculty:  
Qualifications: BJuris, LLB, LLM from the University of Port Elizabeth (now known as NMMU) and an LLD from UNISA. She also completed a Leadership Development Programme at the Manchester Business School and the South African Reserve Bank.
Tel: 021 959 2702
Fax: Not Applicable.
Email: vlawack@uwc.ac.za
Research:
 
 
 
 

Biography

 Professor Vivienne Lawack joined UWC on 1 April 2015 from the Nelson Mandela Metropolitan University (NMMU) where she served as the Executive Dean of the Faculty of Law since 2008. She joined NMMU after having spent a number of years at the South African Reserve Bank in various capacities (including senior payment system analyst, senior legal consultant and legal consultant) and as the Senior Legal Counsel for Strate Limited, South Africa's central securities depository. She has published extensively and supervised a number of masters and doctoral candidates. Her field of research is legal and regulatory frameworks pertaining to the payment system, banking system and financial markets.

In her role as NNMU's Dean of the Faculty of Law she provided strategic direction and managed the operations of the faculty as well as its core functions of teaching and learning, research and engagement.

Professor Lawack has been the President of the South African Law Deans’ Association since 2010 until 2015, where she played a leading role in national legal education, liaison with the organised legal professions and the promotion of standards for the LLB degree, the latter under the auspices of the Council on Higher Education.

Professor Lawack will be leading our academic project in relation to its learning and teaching activities at both undergraduate and postgraduate levels. Her portfolio, amongst other areas, includes: academic planning functions, teaching and learning activities, the continued development of technology-enhanced teaching and learning, community engagement, information and communication services as well as other services that support the academic project. Professor Lawack has also been appointed as a Professor of Law in the Department of Mercantile and Labour Law in the Faculty of Law at UWC.

Publications

Articles Published in Accredited Law Journals

  • Lawack, VA & Pretorius JT “The Sale of a Bank Account” 2015 Tydskrif vir Heedendaagse Romeins-Hollandse Reg (THRHR) 2015 (78) 104 
  • Lawack, VA & Mbalekwa, S “Payment System Aspects of International Remittances” accepted for publication in 2013 Speculum Iuris.
  • Chitimira, H & Lawack, VA “Overview of the Role-Players in the Investigation, Prevention and Enforcement of Market-abuse Provisions in South Africa” 2013 (34 2) Obiter 200-217.
  • Chitimira H & Lawack, VA “An Analysis of the General Enforcement Approached to Combat Market Abuse (Part 1) 2013 (34 1) Obiter 64-76
  • Nel, EC, Lawack, VA & Van der Walt, JA “The Trust as Special-purpose Institution” (2013 34 vol 1) 111-124
  • Chitimira H & Lawack, VA “An Analysis of the General Enforcement Approached to Combat Market Abuse (Part 1) (2012 33 vol 3) Obiter 
  • Lawack-Davids, VA “Mobile Money: Financial Inclusion and Financial Integrity: The South African Case” 2013 vol 8 No 3 University of Washington Law, Technology and Arts Journal 317-346
  • Lawack-Davids, VA “The Legal and Regulatory Framework of Mobile Money: A Trade-off?” 2012 24.1 SA Merc LJ 77-92
  • Lawack-Davids, VA “Mind the Gap – Increasing Compliance-Burden and Regulatory Misalignment” 2011 32(3) Obiter 712
  • Lawack-Davids, VA and Swart, L “Legal Aspects of Managing a Failure of a Central Securities Depository (CSD) Participant 2011 32(2) Obiter 393
  • Lawack-Davids, VA and Swart, L “Understanding the Financial Markets: An Overview of the Regulators” 2010 31(3) Obiter 619
  • Lawack-Davids, VA and Marx, FE “Consumer Protection Measures for Erroneous or Unauthorised Internet Payments: Some Lessons from the European Union?” 2010 31(2) Obiter 446
  • Lawack-Davids, VA and Coetzee, L “Impact of a Central Securities Depository Participant’s Failure on Finality and Irrevocability of Settlement of Securities” 2009 30(3) Obiter 628
  • Lawack-Davids, VA “The Legal and Regulatory Framework of the National Payment System (NPS) – Peeling the Layers of the Onion” 2008 29(3) Obiter 453
  • Lawack-Davids, Vivienne “Internet Jurisdiction: The American Experience” (2006) 27 1 Obiter.
  • Lawack-Davids, Vivienne A and Van der Walt, Adriaan “Interception of Electronic Communications in the Workplace” (2005) 26 1 Obiter 133.
  • Lawack-Davids, Vivienne A “The Internet Cheque” (2001) 22.2 Obiter 406.
  • Lawack-Davids, Vivienne A “The Interception and Monitoring Bill – Is Big Brother Watching?” (2001) 22.2 Obiter 347.
  • Lawack-Davids, Vivienne A “Electronic Payments and Digital Cash” (2001) 22.2 Obiter 312.
  • Lawack-Davids, Vivienne A “The Mortgagee’s Power to Unilaterally Increase the Interest Rate” (2001) 22.1 Obiter 200.
  • Lawack-Davids, Vivienne A “The Cryptographic Dilemma: Formulating Policy for South Africa” (2000) 21.1 Obiter 1.
  • Lawack-Davids, Vivienne A “Teaching Banking Law in the Technological Age” (2000) 20.2 Obiter 340.
  • Lawack, Vivienne A “Electronic Innovations in the Payment Card Industry” (1998) 10 SA Merc LJ 233.
  • Lawack, Vivienne A & Davids, Adlai S “Copyright Law and Geographic Information Systems” (1998) 19.1 Obiter 134 (with A S Davids).
  • Lawack, Vivienne A “Electronic Payment via the Internet in the Netherlands” (1998) 5 The EDI Law Review 85.
  • Lawack, Vivienne A “The Effect of Electronic Techniques on the Payment Process in Travellers’ Cheques” (1997) 18.1 Obiter 124.
  • Lawack, Vivienne A “The Effect of Electronic Techniques on the Payment Process in Cheques” (1997) 18.1 Obiter 42.
  • Lawack, Vivienne A “The Mortgage Bond Clause in Sale of Land Agreements” (1996) 17.2 Obiter 189.


2.  Contributions in Books 

  • Lawack-Davids, V. A “Electronic Commerce and Payment Instruments in the Tourism Industry” in Vrancken, P (ed) Tourism Law 2001 Butterworths: Durban.

3.  Conference Papers Delivered

  • ​ ​Lawack-Davids, VA “Mobile Money, Financial Inclusion and Financial Integrity: The South African Case” at the University of Washington Conference on Mobile Money, Financial Inclusion and Financial Integrity in Developing Countries (via Skype) held in April 2012 at the University of Washington, Seattle (USA)
  • Lawack-Davids, VA “The Legal and Regulatory Framework Pertaining to Mobile Banking and Mobile Payments” paper delivered at the International Association of IT Lawyers 6th IT Law, Privacy and Security Conference held in September 2011 in Nicosia, Cyprus
  • Lawack-Davids, VA “The Role of the Dean in Internationalisation” paper delivered at the IAESA Conference held in August 2011 in Durban
  • Lawack-Davids, VA “The Impact of the Consumer Protection Act, 2009” at the ABSA Community of Practice held in September 2009 at the Nelson Mandela Metropolitan University, Port Elizabeth
  • Lawack-Davids, VA “The Dean as Transformational Leader” paper delivered at the HERS-SA held in September 2010 at the Business School, University of Cape Town
  • Lawack-Davids, VA “Mobile Banking: Trends and New Developments” chair and paper delivered at the Payment Systems Development Conference, Johannesburg held on September 2009
  • Lawack-Davids, VA “Mind the Gap” paper delivered at the Private Law and Social Justice Conference held on August 209 at the Nelson Mandela Metropolitan University, Port Elizabeth
  • Lawack-Davids, VA “A Retrospective of the Financial Landscape” paper delivered at the International Over-indebtedness Conference held in August 2009 at the University of Pretoria
  • Lawack-Davids, VA and Coetzee, L “Impact of a Central Securities Depository Participant’s Failure on Finality and Irrevocability of Settlement of Securities” paper delivered at the South African Law Teachers Conference held on July 2009 at the University of KwaZulu-Natal
  • “Consumer Aspects of International Remittances” – keynote speaker at the 12th Annual International Consumer Law Conference at Breakwater Lodge, Cape Town, 12 April 2007.
  • “The National Payment System Amendment Bill and Implications for the Card Industry” at Cards Africa 2004, October 2004.
  • “The National Payment System Amendment Bill” at the Smart Card Society Conference, May 2004.
  • Panelist and Speaker on “Legal Framework in Support of the Payment System” at SADC Payment System Project Annual Regional Conference held on 1-3 September 2003 in Maputo, Mozambique.
  • Session Chair and Paper on Legal and Regulatory Issues of E-money: University of Stellenbosch 30 April 2003
  • “Electronic Banking – A Perspective” presented at the ESAF/FSI conference in Livingstone, Zambia on 29 October 2002.
  • “The Interception and Monitoring Bill – Is Big Brother Watching?” at the South African Mercantile Law Teachers’ Conference, held at the University of Pretoria in October 2001.
  • “Consumer Protection and Payment over the Internet” at the South African Mercantile Law Teachers’ Conference, held at the University of the Western Cape in October 2000.
  • “The Cryptographic Dilemma: Formulating Policy for South Africa” at the South African Law Teachers’ Conference, held at the University of Natal in June 2000.
  • “Teaching Banking Law in the Technological Age” at the South African Mercantile Law Teachers’ Conference, held at the University of Stellenbosch in October 1999.


4.  Reports 

  • Discussion Paper on Electronic Money , commissioned by the National Treasury and Financial Intelligence Centre, July 2009
  • A report on “The Cryptographic Dilemma: Formulating Policy for South Africa”, requested by and submitted to the Department of Communications in May 2000, towards the Green Paper Process on Electronic Commerce in South Africa, published at http://www.ecomm-debate.co.za
  • Member of Sub-committee 4 of the Policy Board for Financial Services that drafted a report entitled “Access to the Payment System” in November 2002.​
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