Submission Template

How to Submit Your Comment

Deadline: 18 May 2026 (use the earlier gazette date to be safe)

Submit to both addresses:

• [email protected]
• [email protected]

You can copy the template below and personalise it, or write your own submission. The most important thing is that you submit — even a short, sincere objection adds to the public record.

Template: Individual Submission

Copy everything below the line. Replace text in [square brackets] with your own details.

TO: The Director-General, National Treasury
RE: Comments on the Draft Capital Flow Management
    Regulations (Government Gazette, April 2026)

Dear Sir/Madam,

I write to submit my comments on the draft Capital
Flow Management Regulations published for public
comment.

I am a South African citizen and [brief description:
taxpayer / business owner / investor / technology
professional / student / etc.]. I am deeply concerned
about the constitutional implications of these draft
regulations.

1. SELF-CUSTODY BAN (CRYPTO ASSETS)

The prohibition on holding crypto assets outside of a
registered intermediary violates my right to property
under Section 25 of the Constitution. Holding one's
own assets is a fundamental aspect of property
ownership. Criminalising self-custody is equivalent to
making it illegal to hold cash in one's own wallet.

[Optional: Add personal context - do you hold crypto?
Why does self-custody matter to you?]

2. FORCED KEY DISCLOSURE

The power granted to inspectors to compel disclosure
of passwords, encryption keys, and access credentials
- without a warrant - violates my right to privacy
under Section 14 of the Constitution. This power
exceeds anything available to the South African Police
Service in criminal investigations and inverts the
presumption of innocence.

3. WARRANTLESS SEARCH AND SEIZURE

The power to enter premises, search persons, seize
devices, and copy data without judicial oversight is
incompatible with Section 14 of the Constitution. The
requirement for a warrant exists specifically to
prevent the abuse of state power. Bypassing this
safeguard for regulatory inspectors sets a dangerous
precedent.

4. DISPROPORTIONATE CRIMINAL PENALTIES

Criminal penalties of up to five years imprisonment
for non-compliance are disproportionate, particularly
given that the regulations do not demonstrate that
existing regulatory frameworks (including FICA) are
insufficient to address the stated objectives.

5. SCOPE AND DEFINITION OF "CAPITAL"

The definition of "capital" as "anything with a
monetary value" is extraordinarily broad and extends
these powers far beyond crypto assets to encompass
virtually all forms of movable property.

6. LACK OF SAFEGUARDS

The draft regulations contain:
- No sunset clause or mandatory review period
- No regulatory impact assessment
- No evidence that existing regulations are
  insufficient
- No proportionality analysis as required by
  Section 36 of the Constitution

CONCLUSION

I respectfully submit that these draft regulations
are unconstitutional in their current form and urge
the National Treasury to withdraw them. At minimum,
I request that the Treasury:

(a) Conduct a proper regulatory impact assessment
(b) Demonstrate with evidence why existing FICA
    regulations are insufficient
(c) Remove provisions for warrantless search and
    seizure
(d) Remove the self-custody prohibition
(e) Remove forced key disclosure provisions
(f) Include a sunset clause and mandatory review
    mechanism
(g) Ensure all enforcement powers are subject to
    judicial oversight

I reserve my right to make further submissions and
to participate in any public hearings on this matter.

Yours faithfully,

[Your full name]
[Your ID number - optional but adds weight]
[Your city/province]
[Date]

Tips for Your Submission

• Personalise it. A personalised submission carries more weight than a form letter. Add your own reasons, your own situation, your own concerns.
• Be respectful but firm. You are exercising a constitutional right. Be professional — this is a legal record.
• Reference the Constitution. Section 25 (property), Section 14 (privacy), and Section 36 (limitations clause) are your strongest arguments.
• Send to both addresses. The Treasury has published two email addresses — send to both to ensure receipt.
• Keep a copy. Save your sent email as proof of submission. You may need it later.
• Submit early. Don't wait until the last day. Technical issues happen.

Other Templates

Bitcoin ZAR has also published a submission template that you can use or adapt. The more varied the submissions, the stronger the public record.

After You Submit

Share this page with others who should submit too. The more submissions the Treasury receives, the harder it is to dismiss public opposition. Use #PropertyRightsDefense on social media.