DIGITAL ASSET FRAUD: THE ISSUE OF JURISDICTION IN SOUTH AFRICA

This paper critically investigates the jurisdictional complications of digital asset fraud in South Africa, focussing on cryptocurrency legislation. In view of South Africa's increasing susceptibility to digital fraud and the licensing of over 130 crypto asset service providers, legislative measures such as the Prevention of Organised Crime Act (POCA) and the Financial Advisory and Intermediary Services Act (FAIS Act) are investigated. Notably, court examples such as Bobroff v NDPP and Bester v Mirror Trading International demonstrate both the extraterritorial reach of South African law and the difficulty of asset recovery. The report shows legislative gaps, the lack of a centralised cryptocurrency regulator, and SARS' growing efforts to enforce tax compliance.