High Court Rules Cryptocurrency Falls Outside Exchange Control Definitions of ‘Foreign Currency’ and ‘Capital’

A judgment of the High Court, delivered on 15 May 2025, addressed whether cryptocurrency qualifies as “foreign currency” or “capital” under South Africa’s Exchange Control Regulations, 1961. The decision has significant implications for financial institutions, corporate traders, and the Reserve Bank’s enforcement powers. Case Background The dispute arose from events involving Leo Cash and Carry […]

Constitutional Court Confirms: Majority of Trustees Can Bind a Trust

On 1 August 2025, the Constitutional Court delivered a landmark judgment that decisively clarified how decisions may be taken in the administration of a trust. The ruling addressed a legal uncertainty that had lingered since a controversial Supreme Court of Appeal (SCA) judgment in Shepstone and Wylie Attorneys v Abraham Johannes de Witt N.O. and […]

Subcontracting Agreements in South Africa: Key Components for Enforceability

A well-drafted subcontracting agreement is the foundation for successful collaboration between a main contractor and a subcontractor. In South Africa, these agreements must balance clear definitions of the parties’ obligations with compliance to statutory and regulatory requirements. Getting the essentials right reduces the likelihood of disputes, ensures timely delivery, and maintains financial stability in projects […]

From Exceptional Circumstances to Grave Injustice: The New Scope of Section 17(2)(f)

The 2024 amendments to section 17(2)(f) of the Superior Courts Act 10 of 2013 have prompted an important question: can litigants still rely on this provision to seek reconsideration of a refused petition for leave to appeal? Understanding the Original Framework Under the previous wording of section 17(2)(f), a litigant whose petition to the Supreme […]