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The Regulation of Cryptocurrencies in South Africa

Dissertation (LLM (Mercantile Law)) University of Pretoria 2021.

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Other Authors: Brits, Reghard
Format: Thesis
Language:English
Published: University of Pretoria 2021
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access_status_str Open Access
author2 Brits, Reghard
author_browse Brits, Reghard
author_facet Brits, Reghard
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 Dissertation (LLM (Mercantile Law)) University of Pretoria 2021.
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institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:39:54.561Z
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
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source_str UPSpace — University of Pretoria Institutional Repository
spelling oai:repository.up.ac.za:2263/83089 The Regulation of Cryptocurrencies in South Africa Brits, Reghard anrilock@gmail.com Lock, Anri UCTD Cybercrime Digital currency Virtual currency Information & technology law Bitcoin Tax treatment of cryptocurrencies Dissertation (LLM (Mercantile Law)) University of Pretoria 2021. Society is always moving forward and a large part of that is the advent of new technologies, such as cryptocurrencies. Cryptocurrencies are in use in almost every country in the world and has posed many regulatory issues for authorities, especially with the increased used thereof in recent years, despite extreme volatility in the market. Cryptocurrencies can be referred to as virtual currencies, crypto assets or digital currencies. These cryptocurrencies can be centralised or decentralised, meaning that there is either a central issuing authority or not. Furthermore, they can be convertible or non-convertible, thus having the ability to be exchanged for legal tender or not. This innovation is based on blockchain technology, which makes use of a distributed ledger system. In layman’s terms, it entails that every transaction is recorded on the blockchain by miners, using complex algorithms known as cryptography. Anyone can choose to be a miner and when a transaction is recorded on the blockchain, the miner is awarded with a small amount of cryptocurrency. Miners can also introduce new cryptocurrency “coins” into the system. The inherent characteristics of this technology, accordingly, include anonymity of users, cross border operation and the lack of a central authority regulating it. These characteristics pose numerous risks to users and in future may even pose systemic risks such as disrupting the national payment system and necessary economic interventions. South African authorities have recognised the need to regulate cryptocurrencies to mitigate these risks. South Africa’s regulatory response is risk- based, and the approach has been neutral toward cryptocurrencies, monitoring the situation and intervening only where necessary. This dissertation seeks to clarify how cryptocurrencies operate, what risks they pose, the South African response and how it compares to other countries’ responses, the appropriateness of the regulations and how they may be improved in the future. It is trite that regulation is indeed needed if we are to suitably incorporate cryptocurrencies in our financial systems and the question this dissertation seeks to answer is the best way it can be done. Mercantile Law LLM (Mercantile Law) Unrestricted 2021-12-20T12:28:40Z 2021-12-20T12:28:40Z 2022 2021 Dissertation * A2022 http://hdl.handle.net/2263/83089 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 UCTD
Cybercrime
Digital currency
Virtual currency
Information & technology law
Bitcoin
Tax treatment of cryptocurrencies
The Regulation of Cryptocurrencies in South Africa
title The Regulation of Cryptocurrencies in South Africa
title_full The Regulation of Cryptocurrencies in South Africa
title_fullStr The Regulation of Cryptocurrencies in South Africa
title_full_unstemmed The Regulation of Cryptocurrencies in South Africa
title_short The Regulation of Cryptocurrencies in South Africa
title_sort regulation of cryptocurrencies in south africa
topic UCTD
Cybercrime
Digital currency
Virtual currency
Information & technology law
Bitcoin
Tax treatment of cryptocurrencies
url http://hdl.handle.net/2263/83089