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
The implication of the amendments to the Financial Intelligence Centre Act, 38 of 2001
With effect from 19 December 2022, the list of "accountable institutions", as contained in Schedule 1 to the Financial [...]
Trust transparency as a means to combat money laundering: what should trustees know
by Benedict Ngobeni, Candidate Attorney Concerns around money laundering and other illicit financial activities have been gaining traction over [...]
Play it again (and again): A new regime for complementary medicines
The Minister of Health has published certain amendments to the General Regulations ("the Regulations") made in terms of the [...]
Information Regulator bites! Enforcement Notice issued against the SAPS
It was with great shock that the South African society learned about the rape of several women near Krugersdorp [...]
The South African Reserve Bank announces South Africa’s first Deposit Insurance Body
and Siphosethu Zazela, Candidate Attorney The South African Reserve Bank (SARB) announced the establishment of the Corporation for Deposit Insurance (CODI) [...]
Food-focused Market Inquiry Lift Off! The Commission officially launches Fresh Produce Market Inquiry
The Competition Commission ("Commission") has today, 23 March 2023, formally launched the Fresh Produce Market Inquiry (“FPMI”), following the publication [...]
