About
- The Appeal Board was established in terms of section 19 of the Namibia Financial Institutions Supervisory Authority Act, Act 3 of 2001 (the NAMFISA Act) and its mandate was expanded with new Amendment Acts.
Amendment Acts
Appeal Board
Legal Practitioner, LLB
Masters in Economics
Acting Secretary
Acting Secretary
| Citation | Description | Status |
|---|---|---|
| NAMFISA Appeal Board – Alexander Forbes // Registrar of Medical Aid Funds | Alexander Forbes filed an appeal on 09/09/2016 against an opinion expressed by the Registrar re a proposed new product to be launched. | NAMFISA opposed the matter and an informal hearing was set for 23/09/2016. The Appellant withdrew the appeal during the informal hearing, as the opinion did not constitute an administrative decision capable of being reviewed. |
| Appeal to the Minister of Finance – Heritage Health Medical Aid Fund // Registrar of Medical Aid Funds | Heritage Health Medical Aid Fund lodged an appeal to the Minister of Finance, on 20/09/2016, in terms of section 7(1) of the Medical Aid Funds Act. The appeal was based on correspondence by NAMFISA’s Complaints Department, instructing them to consider Mr. Witterwer’s (the complainant) claim. Mr. Witterwer filed a complaint at NAMFISA due to the Fund’s refusal to pay for his claim. | The appeal was withdrawn by the Appellant, by way of letter dated 01/12/2016, as there was no administrative decision capable of being challenged on appeal. |
| NAMFISA Appeal Board – Herman H Louw // Registrar of Long-Term insurance | Herman Louw, the Appellant, filed an appeal, on 25/01/2017, against the Registrar’s decision to cancel his registration as long-term insurance agent. | NAMFISA opposed the appeal and an informal hearing was scheduled for 10/02/2017, during which hearing, the Appellant withdrew his appeal. The Appellant, thereafter, on 27/03/2017, filed an application for condonation. The matter was heard on 21/04/2017, and resulted in the Appeal Board dismissing the application for condonation. |
| NAMFISA Appeal Board – Government Institutions Pension Fund (GIPF) // Registrar of Pension Funds | The GIPF lodged an appeal against the decision of the Registrar of Pension Funds, refusing a section 14 transfer, between the GIPF and the Namibia Airports Company Provident Fund. The reason for the refusal was conflicting actuarial reports which suggested that the reasonable benefit expectations of the transferring members had not been met. The Registrar further prescribed the method to be used to calculate the value of the transferring members’ benefits. The Appellants argued that the Registrar acted ultra vires in that the reason for not approving the transfer is not a valid reason as contemplated in section 14 for not approving a transfer. | At an informal hearing held on 01/09/2016, the Appellant withdrew the appeal. A new section 14 application will be submitted to the Registrar for decision. |
| NAMFISA Appeal Board – Ripley’s Insurance Ltd // Registrar of Short-Term Insurance | Ripley’s Insurance Limited is a registered Short-Term insurer. On 23/12/2016, Ripley’s filed an appeal against the Registrar’s refusal, dated 25/11/2016, not to waive penalties imposed for non-compliance with sections 20, 26 and 27 of the Short-Term Insurance Act. Ripley’s also appealed against the Registrar’s decision, dated 16/12/2016 refusing to approve the acquisition of 25% of its shareholding by Liberty Holdings Namibia (Pty) Ltd. | The Appeal Board, on 22/02/2017, set aside the decision of the Registrar, refusing to approve the acquisition of the 25% shareholding, and replaced with the following: The Registrar grants approval for the acquisition of the shares, subject that the Appellant pays a penalty in the amount of N$1 032 708,33, a first instalment of N$450 000,00 to be paid before 28/02/2017. Should the instalment be paid before 28/02/2017, the Registrar must sign the written approval on or before 28/02/2017 (or back-date it). The 1st instalment was paid on 24/02/2017. |
| NAMFISA Appeal Board and High Court of Namibia – FIS Life Assurance Company Ltd // Registrar of Long-Term Insurance | The Registrar cancelled FIS’s registration to conduct Long-Term insurance business on the basis that it was conducting life insurance in a class for which it was not registered. FIS was registered to conduct funeral insurance business. The matter has a long history of non-compliance by FIS with the Long-term Insurance Act and various directives issued by the Registrar. | The Appeal Board delivered judgement on 23/06/2017 by dismissing the appeal and confirming the decision of the Registrar, as contained in the Notice of Cancellation dated 16/06/2015. In so far as the effective date of the Notice of Cancellation being 30/09/2015, was overtaken by the appeal process, the Appeal Board enforced a new effective date for the Notice of Cancellation, namely 30/09/2017. FIS thereafter approach the High Court on an urgent basis seeking to interdict the Registrar from implementing the Appeal Board’s order and for the review of the Appeal Board’s judgement. The High Court delivered its judgement on 02/11/2017, by ordering the matter to be struck from the roll due to lack of urgency. |
| NAMFISA Appeal Board – Heritage Health Medical Aid Fund // Registrar of Medical Aid Funds | An appeal was lodged on 16/08/2017 against a Directive of the Registrar of Medical Aid Funds in which Medical Aid Funds were given until 31/12/2018 to discontinue the practice of providing gym rebates and wellness programmes. | The Appeal Board delivered its judgment on 14/12/2017 ordering that the Registrar’s decision, to allow a phasing-out period, is set aside. Medical Aid Funds were directed to discontinue the practice of providing gym rebates and wellness programmes with immediate effect. |
| Appeal to Minister of Finance – FIS Life Assurance Company Ltd // Registrar of Long-Term Insurance | FIS sought registration to conduct Long-Term insurance business in life and disability classes. This was following the various non- compliances by FIS in conducting Long-Term insurance business in classes for which it was not registered. | The Registrar of Long-Term Insurance’s decision not to extend the registration of the appellant to other classes, was taken on appeal to the Minister of Finance. The Minister of Finance indicated that the appeal must be submitted to the Board of Appeal. A statement to the Minister re the appeal has been drafted and submitted. |
| NAMFISA Appeal Board – Big Star Assurance Brokers CC // Registrar of Long-Term insurance | Appeals were filed by Big Star Assurance Brokers CC on 05/01/2017 against NAMFISA’s decision to cancel their registrations as Long-Term Insurance brokers. | The Notices of Appeal do not comply with Appeal Regulation 3(2), in that it is not in the form prescribed, the fees were not paid and it do not contain a concise statement of points on which the Appellants wish to rely. The Secretary to the Appeal Board, on 13/01/2017, informed NAMFISA that the Board resolved that the appellants must first comply with the Regulations before the Board will proceed with the matter. |
| NAMFISA Appeal Board – Andrew JF Kloppers & Alfreda FE Kloppers // Registrar of Long-Term Insurance | Appeal were filed by Andrew JF and Alfreda RE Kloppers on 05/01/2017 against NAMFISA’s decision to cancel their registrations as Long-Term Insurance brokers. | The Notices of Appeal do not comply with Appeal Regulation 3(2), in that it is not in the form prescribed, the fees were not paid and it do not contain a concise statement of points on which the Appellants wish to rely. The Secretary to the Appeal Board, on 13/01/2017, informed NAMFISA that the Board resolved that the appellants must first comply with the Regulations before the Board will proceed with the matter. |
Who may appeal to the Appeal Board?
- Section 24 of the NAMFISA Act provides that any person aggrieved by a decision of the Chief Executive Officer taken under this Act or any other law may within the period and in the manner and upon payment of the fees prescribed by the Minister, appeal against that decision to the Board of Appeal.
How is an appeal Lodged?
- A notice of appeal must be lodged with the Secretary within fourteen days of the person becoming aware of, or ought to have become aware of, the decision. The full procedure for lodging an appeal is set out in the regulations promulgated in terms of the NAMFISA Act. The Appeal Regulations provide for an application for condonation.
Is the Appeal Board’s decision final?
- The Appeal Board may after hearing the appeal confirm, set aside or vary the decision of the Chief Executive Officer and order that the decision of the Board of Appeal be given effect to. A party who is dissatisfied with the Appeal Board’s decision has a right of review to the High Court if there are grounds for reviewing the decision.
What are the proceedings at the hearing of an appeal?
- The procedure at the hearing of an appeal is determined by the Chairperson of the panel hearing the appeal. Generally, the Appeal Board is restricted to information which was available to the decision-maker at the time of making the determination or decision. Parties are usually represented by legal representatives, although legal representation is not obligatory.