The regulation of cryptocurrencies to combat money laundering: A South African perspective

by | Aug 31, 2025 | SAMLJ, SAMLJ V37 I1

The regulation of cryptocurrencies to combat money laundering: A South African perspective

Authors: Darren Subramanien, Rabia Hussain & Legodi Thutse

ISSN: 1996-2185
Affiliations: Associate Professor of Law, University of KwaZulu Natal; Post Graduate Student, University of KwaZulu Natal; Lecturer, Department of Private Law, University of Pretoria
Source: South African Mercantile Law Journal, Volume 37 Issue 1, 2025, p. 67 – 104
https://doi.org/10.47348/SAMLJ/v37/i1a4

 Abstract

Cryptocurrencies are not wholly regulated or recognised as legal tender in South Africa. This makes South Africa a prime breeding ground for criminals to launder money using cryptocurrencies. In February 2023, South Africa was grey listed by the Financial Action Task Force for not fully complying with their anti-money laundering standards. It is likely that the unregulated use of cryptocurrencies, which carry significant money laundering risks, could have contributed to the grey listing of South Africa. South Africa recently took steps towards regulating cryptocurrencies to combat money laundering as crypto assets were declared financial products for the purposes of the Financial Advisory and Intermediary Services Act 37 of 2002, and Crypto Asset Service Providers (CASPs) were included as accountable institutions for the purposes of the Financial Intelligence Centre Act 38 of 2001.

That resignation is not retractable or is irreversible: What is the prejudice? Monareng v Dr J S Moroka Municipality [2022] 43 IJL 1855 (LC)

by | Aug 31, 2025 | SAMLJ, SAMLJ V37 I1

That resignation is not retractable or is irreversible: What is the prejudice? Monareng v Dr J S Moroka Municipality [2022] 43 IJL 1855 (LC)

Authors: Ndifelani Arthur Munarini & Lux Kwena Kubjana

ISSN: 1996-2185
Affiliations: LLM graduate, University of South Africa; Senior Lecturer, Department of Mercantile Law, University of South Africa
Source: South African Mercantile Law Journal, Volume 37 Issue 1, 2025, p. 105 – 114
https://doi.org/10.47348/SAMLJ/v37/i1a5

 Abstract

None

A commentary on overturning the MAFR Rule in East Rand Member District of Chartered Accountants v Independent Regulatory Board For Auditors (2023): A missed opportunity for the transformation of the Audit Industry in South Africa?

by | Aug 31, 2025 | SAMLJ, SAMLJ V37 I1

A commentary on overturning the MAFR Rule in East Rand Member District of Chartered Accountants v Independent Regulatory Board For Auditors (2023): A missed opportunity for the transformation of the Audit Industry in South Africa?

Authors: Bokang M ‘Nyane & Hoolo ‘Nyane

ISSN: 1996-2185
Affiliations: Graduate of Turfloop Graduate School of Leadership (TGSL), University of Limpopo; Associate Professor, School of Law, University of Limpopo
Source: South African Mercantile Law Journal, Volume 37 Issue 1, 2025, p. 115 – 125
https://doi.org/10.47348/SAMLJ/v37/i1a6

 Abstract

None

Beyond punishment: Context and correctional supervision as a restorative sentence — An analysis of S v Mphahlele

by | Aug 12, 2025 | SALJ, SALJ V142 I3 2025

Note

Beyond punishment: Context and correctional supervision as a restorative sentence — An analysis of S v Mphahlele

Author: Amanda Spies

ISSN: 1996-2177
Affiliations: Associate Professor, Department of Public Law, Nelson Mandela University
Source: South African Law Journal, Volume 142 Issue 3, p. 439-454
https://doi.org/10.47348/SALJ/v142/i3a1

Abstract

This note examines correctional supervision as a sentencing option for serious crimes by analysing the Mphahlele judgment, and explores whether correctional supervision incorporates (or should incorporate) elements of restorative justice. It critically assesses whether such an approach risks distorting traditional restorative justice principles and underscores the need to engage with justice as a transformative process — one that shifts the focus from individualised notions of crime and punishment to the structural inequalities that underpin criminal behaviour. Additionally, the note adopts a feminist perspective to interrogate the role of gender in sentencing, considering in particular whether identifying the accused as a mother and primary caregiver in Mphahlele reinforces harmful stereotypes.

Thorndike’s law of effect and its influence on legal practitioners’ ethics: Lembore v Minister of Home Affairs

by | Aug 12, 2025 | SALJ, SALJ V142 I3 2025

Note

Thorndike’s law of effect and its influence on legal practitioners’ ethics: Lembore v Minister of Home Affairs

Authors: Michele van Eck & Helen Kruuse

ISSN: 1996-2177
Affiliations: Associate Professor, School of Law, University of the Witwatersrand, Johannesburg; Associate Professor, Faculty of Law, Rhodes University
Source: South African Law Journal, Volume 142 Issue 3, p. 455-466
https://doi.org/10.47348/SALJ/v142/i3a2

Abstract

The Lembore v Minister of Home Affairs case highlights the unethical practice of recycling affidavits in court applications, a practice that the courts repeatedly condemn. Legal practitioners continue this misconduct despite clear judicial instructions not to do so. To understand this persistence, we turn to behavioural theory by examining Thorndike’s law of effect. By doing so, we suggest that sanctions alone are insufficient to curb unethical conduct; instead, a dual approach is needed. This dual approach comprises external adjustments that include eliminating situational opportunities, enhancing regulatory oversight, and ensuring swift enforcement of sanctions. It also includes internal adjustments which require a mindset shift, where legal practitioners prioritise justice over profit. Without these reforms, unethical practices will persist, and cases such as Lembore will continue to emerge. Breaking this cycle demands both systemic change and professional introspection to restore ethical integrity in the legal profession.