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A suitable regulatory regime for bargaining council funds as independent retirement funds
Thesis (PhD (Mercantile Law))--University of Pretoria, 2020.
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| Format: | Thesis |
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University of Pretoria
2021
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| _version_ | 1867613628023177216 |
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| access_status_str | Open Access |
| author2 | Botha, Monray Marsellus |
| author_browse | Botha, Monray Marsellus |
| author_facet | Botha, Monray Marsellus |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (PhD (Mercantile Law))--University of Pretoria, 2020. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/82029 |
| institution | University of Pretoria (South Africa) |
| last_indexed | 2026-06-10T12:39:09.918Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/82029 A suitable regulatory regime for bargaining council funds as independent retirement funds Botha, Monray Marsellus jesterhuizen@wylie.co.za Millard, Daleen Esterhuizen, Johannes E. UCTD Thesis (PhD (Mercantile Law))--University of Pretoria, 2020. In this dissertation the purpose and functioning of bargaining council retirement funds have been considered with a focus on the consequences which statutory development had on bargaining council funds as well as the regulatory regime which became applicable to these types of retirement funds. The research considered the historic regulatory regime under which bargaining council funds commenced and had developed until legislative changes caused a complete deviation from the historic position. These changes resulted in the regulatory oversight of bargaining council funds being replaced with a complete new regulatory regime. These changes had various consequences which seemingly had not been properly considered alternatively were unintended prior to the legislative changes were considered. The amendments were made notwithstanding the views expressed by the Supreme Court of Appeal as to the importance of the bargaining council funds retaining their independence within its then regulatory regime. The impact of the legislative changes are considered with specific reference to the impact it has had on constitutionally protected rights in particular the right to collective bargaining and freedom of association. In addition to this and from a regulatory perspective the oversight of retirement systems was considered to establish the effect on the recommendation of having bargaining council funds revert back to the position it had found itself in prior to the statutory amendments being promulgated. This was done having regard to the fact that South Africa has recently moved to a Twin Peaks system of financial regulation and the main driver behind this move is to create a safer financial services industry. Mercantile Law PhD (Mercantile Law) Unrestricted 2021-10-04T11:06:19Z 2021-10-04T11:06:19Z 2021-04-15 2020-09 Thesis * S2020 http://hdl.handle.net/2263/82029 © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD A suitable regulatory regime for bargaining council funds as independent retirement funds |
| title | A suitable regulatory regime for bargaining council funds as independent retirement funds |
| title_full | A suitable regulatory regime for bargaining council funds as independent retirement funds |
| title_fullStr | A suitable regulatory regime for bargaining council funds as independent retirement funds |
| title_full_unstemmed | A suitable regulatory regime for bargaining council funds as independent retirement funds |
| title_short | A suitable regulatory regime for bargaining council funds as independent retirement funds |
| title_sort | suitable regulatory regime for bargaining council funds as independent retirement funds |
| topic | UCTD |
| url | http://hdl.handle.net/2263/82029 |