Kerri Gevers (SG)

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Many creditors require some form of security to be given by their debtors to ensure the payment of a debt. The creditor acquires a right over property of the debtor which may be exercised if the debt is not paid. One of the most common examples is a mortgage bond over immovable property in favour…

The vote by the National Assembly on whether to adopt the justice committee’s recommendations on the appointment of the Information Regulator under the Protection of Personal Information Act 2013 (POPI) was postponed on 26 May 2016, due to the lack of present members of parliament to secure a majority vote. 201 votes are required to…

South African courts have yet to deal with a case involving Bitcoin or other cryptocurrencies. But the fact that cryptocurrencies remain largely unregulated in most jurisdictions does not place cryptocurrency disputes beyond the reach of the courts.

Globally, most litigation has related to insolvency, fraud and breach of contract.

  • In 2014, Japanese Bitcoin exchange MtGox

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The high court has ruled that a civil litigant’s private Facebook messages, which were unlawfully obtained by the hacking of his personal account, were nevertheless admissible as evidence against him.

In Harvey v Niland, the litigants were members of the same corporation.  Niland was also an employee of the corporation.  After leaving his employment…

Each device which accesses the internet is allocated a unique number (Internet Protocol or IP address) by its internet service provider (ISP). A record is created each time this IP address accesses a webpage, including the date, time and URL (website address) accessed. These records are stored by the ISP.

ISPs are prohibited from providing…

The Cybercrimes and Cybersecurity Bill expands on the original sections of the Electronic Communications and Transactions Act 2002 (ECTA). The creation of 20 new cybercrime offences illustrates the extent to which technology is being used for unlawful purposes and the need to protect yourself in your activities online.

Existing cyber crimes

There are currently only…

Cryptocurrencies are unregulated in most jurisdictions and their legal nature has not yet been determined by legislation or case law.

Virtual or digital currencies display certain key features of money:

  • They represent value and some (like Bitcoin) can be purchased or exchanged for a real currency equivalent.
  • They can be used to make payment for

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As the use of cryptocurrencies like Bitcoin increases, so will the demand for insurance to protect against the risks associated with them. A number of global Bitcoin storage providers offer their customers insurance for storage vault failure. At least one US insurance group offers Bitcoin holdings insurance as an endorsement to existing crime policies.

Given…

The use of and interest in cryptocurrencies like Bitcoin have grown substantially.

In the 24 hours from 1 to 2 June 2015, 130 632 Bitcoin transactions occurred globally with a total value of ZAR 611 321 864.85 (or USD 59 079 000.24 at exchange rates of USD 1 to ZAR 12.21).

What is a cryptocurrency?

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