Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Companies rein in AI spending as running costs mount

      Companies rein in AI spending as running costs mount

      27 October 2026
      Regulator hits FNB with R1-million Popia fine

      Regulator hits FNB with R1-million Popia fine

      27 October 2026
      Ethiopia leaves South Africa in the dust on electric vehicles

      Ethiopia leaves South Africa in the dust on electric vehicles

      27 October 2026
      The unregulated online market betting on South Africa's next mayors

      The unregulated online market betting on South Africa’s next mayors

      27 October 2026
      Microsoft offers voluntary severance to 60 000 staff as AI bill mounts

      Microsoft offers voluntary severance to 60 000 staff as AI bill mounts

      27 October 2026
    • World
      Anthropic's IPO stands alone

      Anthropic’s IPO stands alone

      23 October 2026
      PHP flaws trigger global scramble as hackers pounce

      PHP flaws trigger global scramble as hackers pounce

      22 October 2026
      OpenAI turns the tables on Apple in trade secrets fight

      OpenAI turns the tables on Apple in trade secrets fight

      15 October 2026
      Google's Gemini 4 Argon is finally here

      Google’s Gemini 4 Argon is finally here

      14 October 2026
      Apple's new HomeView smart home hub

      Apple takes another shot at the smart home

      13 October 2026
    • In-depth
      Why investors are souring on Netflix

      Why investors are souring on Netflix

      22 October 2026

      10 days that changed the course of AI

      21 September 2026
      Meta to the AI industry: slow down without us - Mark Zuckerberg

      Meta to the AI industry: slow down without us

      16 September 2026
      Google DeepMind CEO Demis Hassabis. Image: John Sears

      The plan to stop AI from breaking the world

      16 July 2026
      The internet has a Strait of Hormuz problem

      The internet has a Strait of Hormuz problem

      15 July 2026
    • TCS
      TCS+ | Vox on AI, data rules and omnichannel communication for SMEs

      TCS+ | Vox on AI, data rules and omnichannel communication for SMEs

      26 October 2026
      TCS | The Cape Town firm quietly connecting Eskom, Pep and 6 000 ATMs - Rรฉan van Niekerk, Metacom

      TCS | The Cape Town firm quietly connecting Eskom, Pep and 6 000 ATMs

      23 October 2026
      TCS+ | Boards are underestimating the cost of a cyberattack, says Arctic Wolf - Jason Oehley and Andre Den Hond

      TCS+ | Boards are underestimating the cost of a cyberattack, says Arctic Wolf

      22 October 2026
      W&W | LDV's Gerhard Moolman on electric bakkies, fleet orders and 'school fees'

      W&W | LDV’s Gerhard Moolman on electric bakkies and fleets

      9 October 2026
      TCS | Frogfoot sees bigger fibre deals coming - TechCentral Show guests Abraham van der Merwe and Shane Chorley

      TCS | Frogfoot sees bigger fibre deals coming

      8 October 2026
    • Opinion
      AI's boardroom honeymoon is over - Gary Stocks

      AI’s boardroom honeymoon is over

      22 October 2026
      Before South Africa licenses Starlink, it should look at Ukraine - Duncan McLeod

      Before South Africa licenses Starlink, it should look at Ukraine

      21 October 2026
      Nonkqubela Thathakahle Jordan-Dyani

      Why cybersecurity is now a national security issue for South Africa

      15 October 2026
      When a machine can choose, who does it become? Fanie van Rooyen

      When a machine can choose, who does it become?

      9 October 2026
      Let South Africans jailbreak their way to digital sovereignty - Dirk de Vos

      Let South Africans jailbreak their way to digital sovereignty

      5 October 2026
    • Company News
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CM.com
      • Contactable
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Publishared
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Vox
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Fintech and payments
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of things
      • Investment
      • IT services
      • Lifestyle
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
      • Watts & Wheels
    • Events
    • Advertise
    TechCentralTechCentral
    Home ยป Sections ยป Cryptocurrencies ยป Clashing judgments leave South Africa’s crypto law unsettled

    Clashing judgments leave South Africa’s crypto law unsettled

    A second high court judgment has found that bitcoin is capital, deepening the split over crypto and exchange control.
    By Wiehann Olivier2 June 2026
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    Get breaking news on WhatsApp

    The author, Wiehann Olivier

    For years, one question in South Africa’s cryptocurrency debate has been deceptively simple: if bitcoin is bought in South Africa and moved to a wallet linked to an offshore custodian, has capital left the country? A new high court ruling brings that question into focus โ€“ not as a debate about what bitcoin is, but about what it can be used to do.

    The ruling by Judge Stuart David James Wilson, issued on 1 June 2026, dealt with whether bitcoin constitutes “money” or “capital” for purposes related to the existing exchange control regime. The court concluded that it is both, at least in that context.

    The judgment records that just under 1 680 bitcoin, purchased in the South African market and worth just under R182-million, were transferred to wallets accessible through cryptocurrency exchanges registered outside South Africa. The fundamental question was whether national treasury permission was required to externalise this “capital”.

    The court was not persuaded that bitcoin’s technological features place it outside the law

    The case was not about whether crypto is good or bad, whether exchange controls should exist or the forfeiture order itself. The important issue is the court’s reasoning: bitcoin was treated as a financial asset capable of holding value and being used as a medium of exchange. As such, according to the latest ruling, it falls within the concept of “capital” under the exchange control regulations.

    The court was not persuaded that bitcoin’s technological features place it outside the law. The argument that bitcoin is “just code on a digital ledger”, globally accessible and not legal tender, did not carry the day. The court focused less on novelty and more on real-world consequences. If rand value can be converted into bitcoin and placed beyond exchange control oversight, excluding bitcoin from “capital” would fundamentally undermine the regime.

    Practical

    This is where the judgment departs from the earlier Standard Bank vs Sarb (2025) decision, in which the court reached the opposite conclusion. Judge Wilson expressly disagreed, finding that the earlier judgment placed too much emphasis on cryptocurrency’s intangible and technological character, and not enough on how it functions economically. On the court’s reasoning, the fact that bitcoin is technologically novel does not, by itself, place it outside rules aimed at controlling the movement of financial value. If it can store value and be used to move that value beyond South Africa’s regulatory reach, it may fall within those rules.

    Read: Treasuryโ€™s crypto crackdown is a betrayal of Mandelaโ€™s promise

    The “export” point is equally important. A common response is that bitcoin is not physically located anywhere, and that a wallet can be accessed from South Africa as easily as from another country. That may be a valid starting point, but the court’s focus was more practical: where was the value held, who had legal custody, rights or control and when did it move beyond South African regulatory oversight?

    On the facts, the bitcoin was purchased through accounts with a South African crypto asset service provider and transferred to wallets accessible through offshore cryptocurrency exchanges. The court therefore treated this as value moving from within South Africa’s regulatory perimeter to beyond the Reserve Bank’s jurisdiction.

    bitcoin South Africa

    This also explains why the proposed capital flow management (CFM) regulations appear to move towards a more explicit framework for crypto assets, focusing on control, transfer, self-custody and whether value is placed beyond South Africa’s regulatory perimeter. Once credited to wallets on foreign exchanges, the court held that the bitcoin had been exported.

    The ruling brings the issue into sharper focus, but it does not settle it. This remains a technical area of law, particularly because two high court judgments have now reached different conclusions on whether cryptocurrency can constitute “money” or “capital” for exchange control purposes. It gives the industry an important indication of how the issue may be approached, but not a final answer.

    It also raises questions beyond bitcoin, such as the implications for stablecoins or other blockchain-based digital assets that represent a claim against underlying assets. If a rand-backed stablecoin is transferred to an offshore platform, a decentralised finance protocol or even into self-custody, has value been externalised even if the reserves remain in South Africa?

    It gives the industry an important indication of how the issue may be approached, but not a final answer

    The question matters because the CFM regulations refer not only to capital, but also to “a right to capital”. The movement of the token may, therefore, potentially amount to the movement of “a right to capital” in relation to assets situated in South Africa.

    So, where does this leave us? While many have questioned whether exchange controls remain fit for purpose in a borderless digital economy, this ruling does not end that debate โ€“ it changes its centre of gravity. The question is no longer only whether crypto assets are technologically different or whether they fit neatly into older legal concepts, but whether their use results in value, control or “a right to capital” moving beyond South Africa’s regulatory reach.

    Read: Eskom developing bitcoin mining plan but needs Nersaโ€™s nod

    That is precisely the direction in which the proposed CFM regulations appear to be moving. Yet difficult questions remain: which judicial view now carries the day, and could this reasoning affect historic transactions where the underlying facts have always existed? The unresolved question for the industry is therefore not simply what crypto is, but when its movement becomes the movement of capital.

    • The author, Wiehann Olivier, is partner and global co-head of digital assets at Forvis Mazars
    • Subscribe toย TechCentralโ€™s daily newsletter
    • Getย breaking news alertsย on WhatsApp
    Add TechCentral as a preferred source on GoogleFollow TechCentral on Google NewsGet breaking news on WhatsApp


    Bitcoin Forvis Mazars Wiehann Olivier
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleTelkom’s four-year SIU standoff awaits a final ruling
    Next Article Strange winds reveal magnetic fields on distant ‘hot Jupiters’

    Related Posts

    Rand stablecoin issuers welcome treasury's crypto rethink

    Rand stablecoin issuers welcome treasury’s crypto rethink

    22 October 2026
    Bitcoin roars back to life after Trump pushes Clarity Act - DOnald Trump

    Bitcoin roars back to life after Trump pushes Clarity Act

    20 August 2026
    The quiet rewiring of the world's financial plumbing

    The quiet rewiring of the world’s financial plumbing

    11 August 2026
    Company News
    Governing AI in African markets: from principles to practice

    Governing AI in African markets: from principles to practice

    27 October 2026
    Telviva earns ISO/IEC 27001:2022 certification for information security - Antony Russell

    Telviva earns ISO/IEC 27001:2022 certification for information security

    27 October 2026

    Paratus connects Tanzania to Africa and beyond with new Dar es Salaam PoP

    26 October 2026
    Opinion
    AI's boardroom honeymoon is over - Gary Stocks

    AI’s boardroom honeymoon is over

    22 October 2026
    Before South Africa licenses Starlink, it should look at Ukraine - Duncan McLeod

    Before South Africa licenses Starlink, it should look at Ukraine

    21 October 2026
    Nonkqubela Thathakahle Jordan-Dyani

    Why cybersecurity is now a national security issue for South Africa

    15 October 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Companies rein in AI spending as running costs mount

    Companies rein in AI spending as running costs mount

    27 October 2026
    Regulator hits FNB with R1-million Popia fine

    Regulator hits FNB with R1-million Popia fine

    27 October 2026
    Governing AI in African markets: from principles to practice

    Governing AI in African markets: from principles to practice

    27 October 2026
    Ethiopia leaves South Africa in the dust on electric vehicles

    Ethiopia leaves South Africa in the dust on electric vehicles

    27 October 2026
    © 2009 - 2026 NewsCentral Media
    Built and maintained by Chronon
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}
    🇿🇦 Sign up to the TechCentral newsletter