Legal updates and opinions
News / News
Draft Amendments to the Pension Funds Act 24 of 1956: The Highlights
by Natalie Scott, Director and Kyra South, Associate
On Friday, 26 February 2021, the National Treasury released a Media Statement regarding the publication of the draft amendments (“Draft Amendments“) to Regulation 28 of the Pension Funds Act Regulations, 1962 (as amended) (“Regulations“), published under the Pension Funds Act 24 of 1956 (“Act“).
Regulation 28 of the Regulations requires asset managers to, inter alia, make (i) sustainable, (ii) responsible and (iii) transparent investments when dealing with Funds (defined in section 1 of the Act) (“Objectives“). In order to achieve the Objectives and to ensure that asset portfolios are appropriately diversified, asset managers are required to spread assets across a number of different asset classes (which classes are listed in table 1 under Regulation 28 of the Regulations).
The Draft Amendments seek to, inter alia, encourage asset managers to increase investments in infrastructure projects (and to bridge the existing infrastructure gap) by:
- including specific definitions for ‘infrastructure’ and ‘hedge fund’;
- segregating ‘hedge funds’, ‘private equity’ and ‘any other assets not listed in this schedule’ (“New Asset Classes“); and
- allocating specific limits for each of the New Asset Classes.
Under the Draft Amendments, a separate ‘infrastructure’ asset class has not been created. Instead, references to ‘infrastructure’ have been included in, inter alia, new Regulation 28(2)(c)(x) as a principle with which Funds are required to comply when making investment decisions.
Comments on the Draft Amendments are required to be submitted to Mr Basil Maseko at the National Treasury at retirement.reform@treasury.gov.za by no later than 29 March 2021.
Latest News
Section 11 consent: Can the regulator breathe life into a void transaction?
by Kathleen Louw, Director 1. Section 11 of the Mineral and Petroleum Resources Development Act 28 of 2002 ("the MPRDA") [...]
Resign First, Complain Later? The LAC Draws the Line on Constructive Dismissal
by Bradley Workman-Davies, Director Constructive dismissal is not an escape route for employees who are dissatisfied with their working environment, [...]
Kusile Pollution: SCA Orders Eskom and Regulators to Act
by Jones Antunes, Director (Reviewer), and Tashlin Ramanundh, Candidate Attorney Environmental authorisations impose strict obligations which continue throughout the life [...]
AI and gambling, the regulatory gap is growing
by Wendy Rosenberg, Director and Head of Digital Media & Electronic Communications, and Tebogo Sibidla, Director Artificial intelligence (AI) is [...]
Blocking growth? Why the NCC’s Draft Opt-Out Registry Guidelines need revisiting | You were only given 15 days to comment – what are you doing?
by Ahmore Burger-Smidt, Director and Head of Regulatory, and Boitumelo Khwene, Candidate Attorney No one defends the spam caller. According [...]
Voting rights not afforded to post-commencement creditors
by Dr. Eric Levenstein, Director and Head of Insolvency & Business Rescue, Brandon Starr, Senior Associate, and Clio Patricios, Candidate [...]
