Founding Affidavit and Annexures

Provisions of the existing Roadside Assistance Regulations ("RARs") 1 of 4 2. Background TheRARs are issued in terms of the Master Regulations and regulate Road Side Assistance procured by the Trust. Important provisions Important provisions not included in the RARs (a) 3. Commencement TheRARs commenced on 1 April 2021. 4. Road side assistance benefit TheTrust may procure theRoadsideAssistanceBenefit from the ServiceProvider for all Members in Good Standing, applicable for theperiod 7 days before, during and 7 days after each Event held at Zion City Moria during Easter, September and December each year only. Members in Good Standing have access to the certain services (Flat battery - jump start, Flat tyre (help with change of tyre), Keys locked in Motor Vehicle (unlocking only), Fuelassistance (limited to five litres per incident), Minor roadside-running repairs (electrical, coil, immobilizer etc.), or transmission of urgent messages.) in theevent of a roadside emergency (limited up to R2000 (incl. VAT) per incident). Tow-in service (limited to R3000 (incl. VAT) to the nearest approved dealership (if under warranty), repair centre or panelbeater in the event of mechanical or electrical breakdown or accident damage. TheRoadside Assistance Benefit will, whenever applicable, be available to the Members in Good Standing for theduration of their Journey, provided that such benefit shall only beavailable in respect of Journeys undertaken by a Member in Good Standing within the period commencing on a date 7 days prior to an Event and enduring until a date7 days after the Event. Members requiring the Roadside AssistanceBenefit should contact theKganya Help Line. TheRoadside Assistance Benefit is only availablewithin the borders of South Africa. TheRoadside Assistance Benefit will only be made available to Members in Good Standing in relation to a Motor Vehicle. Any costs over and above the limits stipulated in Schedule1 relating to the provision of the Roadside Assistance Benefit will be for thecost of the relevant Member in Good Standing. 5. Limitation of Liability TheRoadside Assistance Benefit is a benefit procured by the Trust and the contractual relationship will accordingly be between the Member in Good Standing and the ServiceProvider. 6. Amendments to the Regulations TheRegulations may be amended in writing by the Trust in its sole discretion and such amendments shall be incorporated into the Regulations with effect from the date specified in such amendment or in the absence of such date, thedate of signature by the Trust. 7. Termination TheTrust may terminate these Regulations in writing and shall givenotice of the termination datevia Pay Points. 8. Delegation and cession TheTrust shall be entitled to appoint one or more administrators to perform administration services in order to give effect to the RARs. TheMember may not cedeany rights or delegate any of its obligations in terms of theseRegulations. TheRoadside Assistance Benefit may not be ceded, assigned or otherwise pledged as security. Review of Changes to the Kganya Benefits Fund Trust *To the extent any differences between the provisions of the existing Roadside Assistance Regulations and the proposed Enhanced Benefit Regulations have been identified that do not adversely affect the rights of the members to the Kganya Benefits Fund Trust, such changes have been marked in orange in the corresponding cells below. ** To the extent any differences between the provisions of the Roadside Assistance Regulations and the proposed Enhanced Benefit Regulations have been identified that do adversely affect the rights of the members to the Kganya Benefits Fund Trust, such changes have been marked in red in the corresponding cells below. ***Material differences or changes indicated in red shading shall be accompanied by a letter referencing the material difference or change in the left most column of the table and the corresponding letter referencing such material difference or change will be accompanied by an explanation for the material difference or change. **** Capitalised terms used in this comparison shall have the meaning ascribed to them in the documents considered in this comparison, unless indicated otherwise a) Included to provide for theapplication of the Consumer Protection Act (to theextent applicable). Provisions of the Enhanced Benefit Regulations 3. Important provisions 3.1 To theextent that the Consumer Protection Act applies to these Enhanced Benefits Regulations, the Trust has a duty to point out certain important provisions in theseEnhanced Benefits Regulations. The clauses which contain these important provisions and reasons why they are important are set out below. 3.1.1 Limitation of risk, legal responsibilities and liability 3.1.1.1 Regulation 6.3.2.2.6, regulation 6.3.3.4.2, regulation 6.3.3.5.2, regulation 6.3.4.2.4 and regulation 6.3.5.2.6. are important because they limit and excludeobligations, liabilities and legal responsibilities that theTrust and other persons or entities may otherwise have to a Member. 3.1.1.2 As a result of these clauses, a Member's rights and/or remedies against the Trust and theseother persons and entities are limited and excluded. Theseclauses also limit and excludea Member's right to recover or make claims for losses, damages, liability or harm a Member or others may suffer. 3.1.2 Assumptions of risk, legal responsibilities and liability by Members 3.1.2.1 Regulation 6.2.3, regulation 6.3.2.2.5, regulation 6.3.4.2.3, regulation 6.3.3.5.2 and regulation 6.3.4.4.6 are important because a Member takes on risk, legal responsibilities and liability. As a result of theseclauses, a Member may also be responsible for claims and other amounts. A Member will also be responsible for, and accepts, various risks, damages, harm, and injury which may be suffered by a Member and others for what is stated in these clauses 5. Master Regulations TheEnhanced Benefits Regulations (" EBRs ") must at all times be read with the Master Regulations, and all terms and conditions set out in the Master Regulations apply to theEBRs. 4. Commencement 4.1 The EBRs commence with effect from the Commencement Date and shall endureuntil terminated by theTrust in accordancewith the Master Regulations. 4.2 The EBRs replace in totality all regulations previously issued by the Trust dealing with the same matters as set out herein, with effect from the Commencement Date 6.1. and 6.2.1 Trust shall procure benefits 6.1 The Trust shall procure certain Enhanced Benefits for all Members who: (i) satisfy the requirements for membership as set out in the Master Regulations; (ii) have paid their Membership Contributions to theTrust as set out in the Master Regulations; and (iii) qualifies as a Member in Good Standing for purposes of the Enhanced Ancillary Benefits. 6.1.2 TheTrust shall procure such benefits using its best endeavours in line with the Financial Sector Charter. 6.2 The following benefits will beprocured and/or provided to Members: (i) access to theThari ya Baruti Pukwana ya Kganya Contract for the provision of insurance cover and funeral (burial) benefits and Additional Funeral Benefits in terms of a Thari ya Baruti FuneralPolicy and insurance cover and dread disease benefits, personal accident benefits and Additional Personal Accident Benefits in terms of a Thari ya Baruti Dread Disease and Personal Accident Policy; (ii) payment of the monthly premiums due in terms of the Thari ya Baruti Pukwana ya Kganya Contract; and (iii) the Enhanced Ancillary Benefits. 6.3.2.2.1., 6.3.2.2.3. and Annexe A. Road side assistance benefit 6.3.2.2.1. - TheTrust may procure theRoadsideAssistanceBenefits from the ServiceProvider for allMembers in Good Standing. 6.3.2.2.3. - TheRoadsideAssistance Benefit will, whenever applicable, be available to the Members in Good Standing for the duration of their Journey, provided that such benefit shall only beavailable in respect of Journeys undertaken by a Member in Good Standing within the period commencing on a date7 (seven) days prior to an Event and enduring until a date7 (seven) days after theEvent. Annexe A - Subject to the terms and conditions of the Enhanced Benefits Regulations, the RoadsideAssistanceBenefit entitles allMembers in Good Standing to access to the certain emergency services (Flat battery - jump start, Flat tyre (help with change of tyre), Keys locked in Motor Vehicle (unlocking only), Fuelassistance (limited to five litres per incident), Minor roadside-running repairs (electrical, coil, immobilizer etc.), or transmission of urgent messages.) in theevent of a roadside emergency (limited up to R2000 (incl. VAT) per incident) when undertaking a Journey to an Event in a Motor Vehicle with theperiods permitted in the Enhanced Benefits Regulations. Tow-in service, when undertaking a Journey to an Event in a Motor Vehicle with theperiods permitted in the Enhanced Benefits Regulations (limited to R3000 (incl. VAT) to the nearest approved dealership (if under warranty), repair centre or panelbeater in the event of mechanical or electrical breakdown or accident damage. 6.3.2.2.3. Road side assistance benefit TheRoadside Assistance Benefits will, whenever applicable, be available to theMembers in Good Standing for the duration of their Journey, provided that such benefit shall only beavailable in respect of Journeys undertaken by a Member in Good Standing within the period commencing on a date7 (seven) days prior to an Event and enduring until a date 7 (seven) days after the Event. 6.3.2.4. and Annexe B. Road side assistance benefit Members requiring the Roadside Assistance Benefit must follow the Claims procedure as set out in Annexe B. Road side assistance benefit The reference to South Africa is not reflected in the EBR. 6.3.2.2.2. Road side assistance benefit TheRoadside Assistance Benefit entitle all Members in Good Standing to the benefits in Annexe A in the event of a Journey to an Event in a Vehicle. 6.3.2.2.4. and 6.3.2.2.5. Road side assistance benefit 6.3.2.2.4. In the event that a Member in Good Standing requires the Roadside Assistance Benefits, the Trust shall pay, to the Service Provider, the costs for the roadside assistance limited to the amounts as set out in Annexe A, as amended from time to timeby the Trust. 6.3.2.2.5. Any costs over and above the limits stipulated in Annexe A for the roadside assistance, will be for thecost of the relevant Member in Good Standing. 6.3.2.2.6. Limitation of Liability It is agreed that theRoadside Assistance Benefits are procured by theTrust from the ServiceProvider. The contractual relationship for the roadsideassistance will bebetween the Member in Good Standing and the Service Provider. The Trust's liability for the Roadside Assistance Benefits shall be limited to paying the amounts as set out in Annexe A to theService Provider for the incidents and/or events listed in Annexe A, as amended by the Trust from time to time. Delegation and cession EBR does not make reference to this. 6.3.2.3. Member in Good Standing TheTrust shall only provide the Roadside Assistance Benefits if a Member is a Member in Good Standing by virtue of (i) payment of a Membership Contribution with a Dateof Payment in the Month preceding the Month in which the Roadside Assistance Benefit is claimed; or (ii) payment of a Membership Contribution with a Dateof Payment in the Month in which the Roadside Assistance Benefit is claimed, provided that the Date of Payment is prior to the Date of the claim for the Roadside Assistance Benefits. Amendments to the Regulations Not dealt with in the EBR Termination TheEBRs shall endure until terminated by the Trust in accordance with the Master Regulations. Delegation and cession EBR does not make reference to this. Delegation and cession EBR does not make reference to this.