The foundation of a digital economy
A robust digital economy requires more than just high-speed internet and tech-savvy consumers, it requires a regulatory framework that is both enabling and defensive. In South Africa, the Intergovernmental Fintech Working Group (IFWG) has been instrumental in this regard. By bringing together the National Treasury, the South African Reserve Bank (SARB) and the Financial Sector Conduct Authority (FSCA), the IFWG seeks to ensure that our approach to fintech is harmonised rather than fragmented.
An enabling environment is not one characterised by a lack of oversight. On the contrary, clear rules, guidelines and frameworks provide the certainty that institutional investors and global partners require. The goal is to move away from rigid, legacy-based rules toward principle-based regulation that is fit for purpose in the new digital age. This allows the law to remain relevant even as the underlying technology evolves, ensuring that we regulate the activity and its risks, rather than the specific technology used to implement it.
Crypto assets: From the fringe into the financial fold
One of the most significant shifts in our regulatory journey was the FSCA’s declaration of crypto assets as “financial products” under the Financial Advisory and Intermediary Services (FAIS) Act. This move, together with the extension of the Financial Intelligence Centre (FIC) Act to persons carrying on crypto asset-related businesses in South Africa as accountable institutions, was a watershed moment for the local industry.
While more remains to be done to realise the full potential of crypto assets in South Africa, particularly the updating of South Africa’s antiquated Exchange Control Regulations to facilitate cross-border crypto asset transactions, by bringing crypto assets into the regulatory fold, the FSCA achieved several objectives, including consumer protection as it mandates that Crypto Asset Service Providers (CASPs) be licensed, ensuring they adhere to fit-and-proper requirements. This effectively transforms crypto from a perceived ‘wild west’ into a recognised asset class, encouraging participation from traditional financial institutions. Similarly, the change to the FIC Act aligns South Africa with global standards, such as those set by the Financial Action Task Force (FATF), by requiring strict adherence to Know Your Customer (KYC) protocols to prevent crypto assets from being used to facilitate and/or conceal criminal activity, to enhance detection of suspicious activity, to combat criminal activity and networks and to ensure a safe and secure crypto ecosystem.
While some viewed this as a tightening of the screws, it is actually a prerequisite for the adoption of crypto assets at scale. Without this stability afforded by the recognition of crypto assets, the volatility of the crypto market could pose systemic risks to the broader financial system.
Fintech as a catalyst for inclusive growth
Perhaps the most compelling argument for a pro-innovation stance towards crypto asset regulation is the role of fintech in driving financial inclusion. For millions of unbanked or underserved South Africans, traditional brick-and-mortar banking remains inaccessible. Fintech has the power to bridge this gap through three primary pillars, namely mobile money, digital lending and digital payments.
For example, by leveraging South Africa’s high mobile penetration, mobile money platforms allow for real-time payments and remittances without the need for a formal bank account, and at a fraction of the cost.
This aligns directly with the government’s goals for inclusive economic growth. When a street vendor in Soweto or a small-scale farmer in Limpopo can access credit and secure digital payments via a smartphone, the entire economy benefits.
Regulating AI in finance
In 2026 and beyond, the use of AI in fintech presents our next great regulatory hurdle. AI is already being used to detect fraud, automate customer service and refine investment strategies. However, the ‘black box’ nature of some AI models introduces risks that our regulatory bodies are only beginning to grapple with.
The challenges are multifaceted. There is the risk of algorithmic bias, where AI models might inadvertently discriminate against certain demographics in lending. There is also the issue of operational resilience; as financial institutions become more reliant on third-party AI providers, a single failure could trigger a systemic collapse.
Our regulatory response must focus on transparency and accountability. We need a framework that requires explainability – the ability for a human to understand and justify an AI-driven decision. Furthermore, we must ensure that the use of AI remains compliant with the Protection of Personal Information Act (POPIA), safeguarding the data that fuels these innovations.
The way forward
The balancing act is not a once-off event but an ongoing process of calibration. South Africa has the potential to be a global leader in fintech, but this requires us to be as innovative in our law-making as our entrepreneurs are in their coding.
By leveraging tools like the IFWG Regulatory Sandbox, we can allow firms to test boundary-pushing products in a controlled environment. This test-and-learn approach ensures that by the time a product reaches the mass market, the risks have been mitigated and the benefits maximised.
Ultimately, regulation and innovation are not opposing forces but things that work in tandem to ensure a modern, inclusive and resilient financial sector.
