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Food for Thought


LEGAL NOTE: JANUARY 2025 - LEGISLATIVE UPDATES
Quarterly newsletter from the FSCA retirement funds supervision division The retirement funds supervision division of the Financial...
Anu Ananmalay
Jan 93 min read
58

LEGAL NOTE: SEPTEMBER 2024 – Impact of Accessing your Savings Component in the Two Pot Retirement System
The Two Pot Retirement System will be implemented with effect of 1 September 2024. 10% of the member’s Vested Component (member’s current...
Anu Ananmalay
Sep 2, 20244 min read
16

LEGAL NOTE | Section 37C Extent of Dependency
THE FINANCIAL SERVICES TRIBUNAL (FST) : In the matter between: Fakazile Anna Khwela, the applicant and Toyota SA Provident Fund; NBC...
Anu Ananmalay
Feb 5, 20245 min read
37

LEGAL NOTE | January 2024 Composition of the Board - Number of Trustees on the Board – Rules – FSCA Approval – Textile open provident fund
Summary : Financial Services Tribunal (FST) application for reconsideration of a decision of the FSCA where the FSCA declined to...
Anu Ananmalay
Jan 11, 20244 min read
34

LEGAL NOTE | Retrospective Rule Amendments
Mudau v Municipal Employees Pension Fund and others [2023] ZACC 26. The Constitutional Court handed down judgment in the matter of Mudau...
Anu Ananmalay
Oct 6, 20234 min read
23

LEGAL NOTE | CHANGES TO MARRIAGE LAWS IN SOUTH AFRICA
Cabinet has approved the publication of the Draft Marriage Bill of 2022 for public comment. The Bill gives effect to the White Paper on...
Anu Ananmalay
Aug 1, 20233 min read
46

LEGAL NOTE: UPDATE ON THE TWO POT SYSTEM
National Treasury issued the revised 2023 Draft Revenue Laws Amendment Bill and 2023 Draft Revenue Administration and Pension Laws...
Anu Ananmalay
Jun 26, 20234 min read
44

LEGAL NOTE: Section 37C - Dependency of dependants
Introduction This update addresses whether an estranged dependant qualifies for the death benefit which accrues due to the death of a...
Anu Ananmalay
May 5, 20233 min read
62

LEGAL NOTE: Recap of recent updates from the FSCA
FSCA: Revised draft Conduct Standard on requirements relating to the provision of a benchmark. Comment is invited on a revised draft...
Anu Ananmalay
Apr 19, 20233 min read
35

LEGAL NOTES Update: Impact of the Budget Speech 2023/2024 on Retirement Funds
On 22 February 2023 Finance Minister Enoch Godongwana delivered his budget speech. He noted that the 2023 budget is being tabled in a...
Anu Ananmalay
Mar 6, 20235 min read
108


Legal Update February 2023 -Article by the Institute of Retirements Funds Association (IRFA)
New legislation spells name change for Pension Funds Tribunal. The financial services dispute resolution landscape is being radically...
Anu Ananmalay
Feb 14, 20233 min read
16

LEGAL NOTE: Update on the Two Pot system
The so-called two pot system, which was included in the 2022 Draft Revenue Laws Amendment Bill (“the Bill”), was published for public...
Anu Ananmalay
Jan 16, 20235 min read
369


A Framework for Financial Unclaimed Assets in South Africa – Extracts from the FSCA Discussion Paper
An estimated R88.56 billion unclaimed assets are held by financial institutions across the financial sector. For the purposes of this...
Anu Ananmalay
Oct 9, 20226 min read
17

LEGAL NOTE: September 2022: Draft Taxation Laws Amendment Bill, 2022
The Draft Taxation Laws Amendment Bill, 2022 (“the Bill”) has been published for public comment. The proposed amendments affecting...
Anu Ananmalay
Sep 7, 20223 min read
52

LEGAL NOTE: Two Pot System
2022 Draft Revenues Laws Amendment Bill (Two Pot system) On 29 July 2022, National Treasury released the 2022 Draft RLAB which contains...
Anu Ananmalay
Aug 17, 20222 min read
84

LEGAL NOTE: August 2022
Draft Joint Standard on Cybersecurity and Cyber Resilience Requirements The FSCA and the Prudential Authority (PA) (Authorities) have...
Anu Ananmalay
Aug 2, 20223 min read
64

Arrear contributions: An alert to retirement funds and employers
Purpose This communication is meant to alert retirement funds and employers regarding arrear contributions by retirement funds and...
Anu Ananmalay
Jul 13, 20222 min read
50

New Time-frames to submit formal responses to pension fund adjudicator
The Office of the Pension Funds Adjudicator (“OPFA”) has amended the time-frames for submitting formal responses to PFA complaints. The...
Anu Ananmalay
Jun 2, 20221 min read
46

Change to section 37D deduction procedures
Deduction of damages suffered by an employer because of theft, fraud or dishonest misconduct by a member In terms of section 37D of the...
Anu Ananmalay
May 10, 20222 min read
83

Budget Update
Aspects of the 2022/2023 budget that impact on retirement funds RETIREMENT FUNDS SUMMARY The proposed Two-Pot System will proceed, with...
Anu Ananmalay
May 10, 20223 min read
31
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