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Potchefstroom Electronic Law Journal
Article . 2025 . Peer-reviewed
License: CC BY
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SSRN Electronic Journal
Article . 2025 . Peer-reviewed
Data sources: Crossref
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The Power to Deduct Pension Benefits Under Lesotho's Pension Funds Act: Lessons from South Africa and Eswatini

Authors: Mtende Mhango; Teron Rikhotso;

The Power to Deduct Pension Benefits Under Lesotho's Pension Funds Act: Lessons from South Africa and Eswatini

Abstract

The changing demands of society and the emergence of new challenges necessitate the constant evolution and improvement of legal frameworks. In November 2019 Lesotho adopted the Pension Funds Act 5 of 2019 to modernise its regulation and supervision of private pension funds. Previously pension funds were regulated under the Income Tax (Superannuation and Assurance) Regulation, 1994 (Superannuation Regulation). Industry participants were of the opinion that the Superannuation Regulation was inadequate for the complexity of Lesotho's private pension funds system. The primary purpose of the Pension Funds Act of 2019 is to safeguard the financial interests of pension fund contributors and ensure their receipt of retirement benefits on retirement. With limited exceptions, section 40 of the Act prohibits the transfer or deduction of pension benefits. This article investigates the legal framework that regulates the power of a pension fund to deduct from pension benefits as well as the limitations on this power. The purpose of the article is to propose possible interpretations of the power to deduct, with the intention of assisting those who are involved in its implementation.

Related Organizations
Keywords

Pension Funds Act, Law in general. Comparative and uniform law. Jurisprudence, administrative action, Pension deduction, K1-7720, withholding of benefits

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
gold