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
E-waste versus Sustainability: A battle between people, big tech and responsible recycling
A study conducted by the United Nations University in 2019 estimated that approximately 53.6 million metric tonnes of electrical and [...]
The danger of cutting and pasting provisions in your settlement agreements!
On 21 February 2021, the Labour Appeal Court in Wheelwright v CP de Leeuw Johannesburg (Pty) Ltd (2023) 44 [...]
Enhancing Innovation, Technologically
Continuing Werksmans' multi-disciplinary approach in providing our clients with innovative approaches that go beyond the law into wider, business [...]
Mining terminology: the difference between “accepted”, “granted” “executed” and “registered”
Four of the most common words that one hears in conjunction with mining rights, prospecting rights are "accepted", "granted", [...]
Worried about the new EE Amendments? Progressive implementation of numerical targets is possible!
On 12 April 2023 the President signed the Employment Equity (EE) Amendment Bill, 2020 into law. The Act is [...]
An employer’s right to use replacement labour where a lockout has been instituted
and Nyeleti Baloyi, Candidate Attorney On 18 April 2023, the Constitutional Court delivered a judgment on the interpretation of section 76(1)(b) of [...]
