Wednesday, April 13, 2022

Is bitcoin transaction legal in South Africa?

What do you think about the legality of Bitcoin in South Africa? The short answer is yes, as long as what you're buying; Sell Bitcoin in Ghana or Sell Bitcoin in South Africa legally. Currently, there is no regulation of cryptocurrencies in South Africa.

In the past, the Central Bank of South Africa (SARB) has warned that bitcoins lack legal status and a regulatory framework, thus posing a number of risks to the people that are transacting with them, such as the insecurity of the system, its inconvertibility, and an inability to convert the currency.

Further, the SARB noted that "there is no oversight, supervision or regulation of direct investment in VC landscapes, systems, or intermediaries for effectiveness, soundness, integrity, or robustness." 

Accordingly, any and all activity related to the acquisition, trading or use of VC (especially DCVCs) is carried out at the end user's sole and independent risk and has no recourse against the Bank."

South African Reserve Bank Act, 1989


Specifically, the South African Reserve Bank Act, 1989 (Act no.90 of 1989) mandates that the SARB manages currency and can only issue coins and notes, which are defined as "Legal Tender."

Bitcoin, however, is not part of that definition. As a consequence, payments made via Bitcoin in South Africa cannot discharge a debtor of a financial obligation, and purchasers risk not being recognized by the law in the country. Merchants may also refuse to accept Bitcoin as a legal payment method.

Financial Markets Act, 2012

The Financial Markets Act, 2012 (Act No.19 of 2012) does not consider virtual currencies as securities. Therefore the regulatory standards that apply to the trading of securities do not apply to them.

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