Position, academic and professional qualifications

Jani van Wyk is a lecturer in the Department of Mercantile Law and holds the degrees LLB (cum laude) LLM (coursework: Procedural Law) (cum laude) and LLD from the University of Pretoria. The title of her LLM mini dissertation is “The need and requirements for a class action in the South African Law with specific reference to the prerequisites for locus standi in iudicio”. The title of her LLD thesis (2018) is “Measures that enhance the independence and accountability of the South African consumer credit industry’s market conduct regulators”, and the thesis focused on the National Credit Regulator and the Financial Sector Conduct Authority. She holds advanced certificates in International Insolvency Law and in Insolvency Litigation and Administration Practice.

Academic and professional experience

She joined the Department of Procedural Law as an academic associate in 2009 and the University of Pretoria Law Clinic as a researcher at the end of 2010. During this time, she worked on numerous projects pertaining to debt counselling, debt collection and the National Credit Act of 2005. She was the recipient of a bursary for doctoral studies from the ABSA Chair in Banking Law in Africa in 2014 and joined the Department of Mercantile Law at University of Pretoria permanently in October 2018. 

Teaching activities

She has lectured undergraduate modules such as Commercial Law, Specific Contracts, Entrepreneurial Law and Insolvency Law and lectured on post-graduate courses such as Insolvency Law, Advanced Consumer Protection Law and Civil Litigation. She has trained aspirant debt counsellors on the National Credit Regulator Debt Counselling Programme as lecturer for Continuing Education at the University for Pretoria, accredited as facilitator by National Credit Regulator.

Areas of specialisation

Her main areas of interest are insolvency, financial, and consumer credit policy and regulation.

Recent Representative Publications (2016-2019)

• JS van Wyk & R Brits “The implications of the Corondimas principle for South African contract law: a new paradigm for specific contracts?” in Volume II, Developments in Law of Specific Contract and Consumer Protection Law, Series title: De Serie Legenda: Developments in Commercial Law (2019) LexisNexis (volume editors: J Barnard & JS van Wyk; main editors: MM Botha & J Barnard) 194–207
• JS van Wyk “A comparative analysis of the ‘regulatory independence’ of the Financial Sector Conduct Authority and the National Credit Regulator” 2019 83(3) Journal for Contemporary Roman-Dutch Law 392–425
• A Boraine & J van Wyk “Credit bureaus in South Africa and Namibia: a comparative analysis of the regulatory frameworks evaluated against the World Bank’s principles for credit reporting – Part II” 2017 50(3) Comparative and International Law Journal of South Africa 303–346
• A Boraine & J van Wyk “Credit bureaus in South Africa and Namibia: a comparative analysis of the regulatory frameworks evaluated against the World Bank’s principles for credit reporting – Part I” 2017 50(2) Comparative and International Law Journal of South Africa 147–195
• A Boraine & J van Wyk “Various aspects to consider with regard to special insolvency rules for small and medium-sized enterprises in South Africa Part 2” 2016 25(1) International Insolvency Review 3–35

Recent Conference Papers (2016-2019)

Forthcoming: Abstract accepted for presentation at INSOL International Academic Colloquium to be held in Cape Town, South African on 14 and 15 March 2020 titled “Financial sector regulators and their finances: A look at budgetary independence from an insolvency perspective”

Online profiles:

Google Scholar: https://scholar.google.co.za/citations?user=SP9OieQAAAAJ&hl=en

ORCID: https://orcid.org/0000-0001-9876-2983

Contact details

Tel: +27 (0)12 420 5418

E-mail: [email protected]

(February 2020)