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
Is a municipal by-law prohibiting transfer of property without a “SPLUMA Certificate” constitutional and valid?
In an unreported case[1] of the High Court of South Africa, Mpumalanga Division, Middelburg ("Court"), a number of owners [...]
(Insurance) fraud unravels all: The SCA confirms that fraud can lead to the forfeiture of a partly valid and partly fraudulent claim when a policy says so
In Discovery Insure Limited v Masindi the SCA considered whether the entirety of an insurance claim should be forfeited [...]
The sword finally falls, ironically on justice itself | DoJ fine by Information Regulator
What is the price that one pays for not having antivirus software? R5 million according to the Information Regulator [...]
The settlement agreement concluded at the ILO has not changed the new Employment Equity interventions
In 2021, a complaint was filed with the International Labour Organisation (ILO) against the South African Government in relation [...]
Time to focus! Comments called for on the Electronic Communications Amendment Bill
and Chiara Ferri, Candidate Attorney The Electronic Communications Amendment Bill, 2022 (the Bill), has been published for comment and aims [...]
National Health Insurance: What benefit; for whom, where and how?
As has widely been reported in the media, the National Health Insurance Bill[1] or the Bill has been passed [...]
