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
Alexkor Soc Limited and Another v Carstens (JA7/24) [2025] ZALAC 28 (15 May 2025)
by Bankey Sono, Director and Neo Sewela, Senior Associate 1. Does the Labour Court have the power to declare a [...]
Business Rescue Is Not a Shield from Accountability: Director and Business Rescue Practitioner Held Liable
By Eric Levenstein, Director and Head of Insolvency and Business Resue and Amy Mackechnie, Senior Associate The recent decision in [...]
The Age of AI and Employment: Navigating Legal and Strategic Implications for Employers
by Bradley Workman-Davies, Director and Preeta Bhagattjee, Head of Technology & Innovation Artificial intelligence (AI) is no longer a speculative [...]
Steyn V Business Connexion Group Ltd: Case Summary
by Bradley Workman-Davies, Director and Isabella Keeves, Candidate Attorney The recent judgement of Steyn v Business Connexion Group Ltd (“Steyn“) has provided [...]
Publication of Draft Mineral Resources Amendment Bill, 2025 for comment
by By Kyra South, Director and Rudi Claassen, Candidate Attorney On 20 May 2025 the Minister of Mineral and Petroleum Resources published [...]
Managers, who are members/representatives of a trade union, are still required to fulfil their contractual obligations to their employer
by Andre van Heerden, Director and Hannah Fowler, Candidate Attorney Introduction In Association of Mineworkers and Construction Workers Union obo Ntuli [...]