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A Regulatory Approach to Crypto-Currency in South Africa

Mini Dissertation (LLM (Banking))--University of Pretoria, 2020.

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Other Authors: Van Heerden, C.M. (Corlia)
Format: Thesis
Language:English
Published: University of Pretoria 2021
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access_status_str Open Access
author2 Van Heerden, C.M. (Corlia)
author_browse Van Heerden, C.M. (Corlia)
author_facet Van Heerden, C.M. (Corlia)
collection Thesis
dc_rights_str_mv © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Mini Dissertation (LLM (Banking))--University of Pretoria, 2020.
format Thesis
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institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:37:01.063Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2021
publishDateRange 2021
publishDateSort 2021
publisher University of Pretoria
publisherStr University of Pretoria
record_format dspace
source_str UPSpace — University of Pretoria Institutional Repository
spelling oai:repository.up.ac.za:2263/79883 A Regulatory Approach to Crypto-Currency in South Africa Van Heerden, C.M. (Corlia) enrique.braga96@gmail.com Braga, Enrique Vicente Rodrigues Crypto-Currency Bitcoin DCVC Decentralised Currency Regulation UCTD Mini Dissertation (LLM (Banking))--University of Pretoria, 2020. Payment settlement systems are constantly developing, however, the emergence of Bitcoin in 2009 created a whole new ball game for regulators. This new type of currency did not play by the same rules as other currencies, with the crypto-currency being borderless (not created by any country) and transferable almost instantaneously. Further, its users remained anonymous. This currency therefore became a breeding ground for illegal activities and disappointment. Users of the currency could use it as a form of payment system for illegal activities, by completely circumventing financial regulators. Other users took advantage of the lack of knowledge surrounding this new type of currency, running Ponzi schemes and defrauding ignorant users of their crypto-currency. Then there were the unfortunate users who, attracted to the notion of reaping large profits from the volatile nature of the currency, often found themselves disappointed when the volatile nature of the currency resulted in large trading losses. Crypto-currency is not all that bad however. Although many risks exist with this new type of currency, there also exist benefits which conventional fiat currency cannot provide. Regulators are therefore placed in a tricky position in which they must try to regulate this new currency to mitigate the possible risks without completely side-lining the benefits posed by the currency. However, regulators cannot create legislation without first understanding how crypto-currency functions. The ever-growing popularity of crypto-currency requires that regulators act fast but also provides many global regulatory lessons which South African regulators can learn from and use in drafting the appropriate legislation. This dissertation considers the nature of this new currency, the way in which it functions and the risks which it comes burdened with, while looking at other regulatory approaches in order to propose legislation which should be adopted in South Africa. Mercantile Law LLM (Banking) Unrestricted 2021-05-13T10:30:48Z 2021-05-13T10:30:48Z 2021-09-01 2020 Mini Dissertation * S2021 http://hdl.handle.net/2263/79883 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle Crypto-Currency
Bitcoin
DCVC
Decentralised Currency
Regulation
UCTD
A Regulatory Approach to Crypto-Currency in South Africa
title A Regulatory Approach to Crypto-Currency in South Africa
title_full A Regulatory Approach to Crypto-Currency in South Africa
title_fullStr A Regulatory Approach to Crypto-Currency in South Africa
title_full_unstemmed A Regulatory Approach to Crypto-Currency in South Africa
title_short A Regulatory Approach to Crypto-Currency in South Africa
title_sort regulatory approach to crypto currency in south africa
topic Crypto-Currency
Bitcoin
DCVC
Decentralised Currency
Regulation
UCTD
url http://hdl.handle.net/2263/79883