2014 annual report - Namibia Financial Institutions Supervisory
Transcription
2014 annual report - Namibia Financial Institutions Supervisory
NAMFISA 2014 NAMIBIA FINANCIAL INSTITUTIONS SUPERVISORY AUTHORITY ANNUAL REPORT THE AUTHORITY’S CORE FUNCTION The Authority exists to supervise financial institutions and financial services and to advise the Minister of Finance on matters relating to financial institutions and financial services in terms of the Namibia Financial Institutions Supervisory Authority Act No. 3, 2001. Core Function 1: Supervision To supervise the business of financial institutions and financial services. Core Function 2: Advice To advise the Minister on matters related to financial institutions and financial services. MISSION NAMFISA’s mission is to effectively regulate and supervise financial institutions and to give sound advice to the Minister of Finance. VISION NAMFISA’s vision is to be a respected regulator of the financial sector that fosters a stable and safe financial system contributing to the economic development of Namibia. VALUES We value integrity. We are committed to teamwork. We drive performance excellence. We passionately serve. Leadership Creed for NAMFISA We are committed to teamwork • We create a conducive work environment. • We have a shared urgency to achieve our vision. • We support each other and are collectively responsible for our actions. We passionately serve • We provide quality service. • We deliver on our time commitment. • We are courteous and professional in all our dealings. We value integrity • We act with honesty, fairness and transparency. • We treat all information confidentially. • We are trustworthy, act independently and consistently. We drive performance excellence • We commit to regulatory and supervisory excellence. • We commit to operational excellence. • We commit to the highest standards of performance. NAMFISA Board Mr Kenneth S. Matomola, Mr Bonifatius K. Paulino, Assistant Chief Executive Officer: Supervision Assistant Chief Executive Officer: Support Functions VACANT Board Secretary Ms Lovisa IndongoNamandje, General Manager: Supervisory Support The Board Members FLTR: Mr Bonifatius Konjore - Member, Mr Simeon Amunkete - Member, Ms Estelle Tjipuka - Chairperson, Mr Gersom Katjimune - Vice-Chairperson Ms Malverene Theron - Member Ms Brenda Esterhuyse, General Manager: Insurance Division H. Alberto Manager: Complaints Mr Cletius Simasiku, Manager: Risk and Internal Audit Vacant Manager: Inspections & Anti-Money Laundering J. Uusiku Manager: Long-term Insurance Mr Petrus Kafidi, General Manager: Information and Communication Technology VACANT Manager Information Communication Technology VACANT General Manager: Finance & Administration C. Von Wielligh Manager: Finance D. Pokolo Manager: Short-term Insurance NAMFISA Board & CEOs T. Mashozhera Manager: Medical Aid Funds & Friendly Societies R. Louw Manager: Pension Funds Ms Rachelle Metzler, Acting General Manager: Investment Institutions 2 Mr Phillip N. Shiimi, Chief Executive Officer Mr Bonifatius K. Paulino, Assistant Chief Executive Officer: Support Functions H. Chikoto Manager: Analysis & Prioritisation E. Buys Policy Advisor: Capital Markets & Collective Investment Schemes Vacant Policy Advisor: Pension Funds, Medical Aid Funds & Friendly Societies M. Likukela Policy Advisor: Credit Agreements I. Shebo Policy Advisor: Insurance VACANT Project Manager VACANT Project Manager VACANT Project Manager R. Metzler Manager: Microlending & Credit Agreements Ms Erna Motinga, General Manager: Research, Policy & Statistics Assistant Chief Executive Officer: Supervision Mr Absalom Kapenda, General Manager: Strategic Projects VACANT Manager: Capital Markets J. Naanda Manager: Collective Investment Schemes Mr Kenneth S. Matomola, J. Vermaak Manager: Contracts Mr Isack Hamata, Manager: Corporate Communications & Consumer Education VACANT General Manager: Human Resources R. Jessen Manager: Human Resources Mr Cornelius Verwey, Head: Legal Services C. Potgieter Legal Advisor VACANT Legal Advisor E. Ndauendapo Legal Advisor NAMFISA Management Ms Maria NakaleGaomas, General Manager: Provident Institutions 3 4 Foreword by the Chairperson 07 Review by the CEO 11 Governance15 Composition of the Board 17 Attendance of Board Meetings 18 Attendance and activities of Board Committees 18 Board Training and Development 19 Management21 Offices and Divisions22 Strategy and Performance35 Strategy36 Performance for 2012/201337 Priorities for 2013/201442 Support Functions45 Consumer Education51 Regulatory Reform Update57 Supervisory Developments69 Industry Review83 Investment Institutions84 Provident Institutions90 Insurance100 Statistics105 Long-term Insurance106 Short-term Insurance108 Medical Aid Funds111 Retirement Funds114 Unit Trusts115 Investment Management116 Capital Markets117 Microlending118 Complaints119 Financial Statements for the year ending 31 March 2014 121 Glossary of Terms155 Table of Contents Table of Contents TABLE OF CONTENTS 5 Foreword by the Chairperson Foreword by the Chairperson 6 FOREWORD BY THE CHAIRPERSON 7 The Authority regulated a sector that is significant by any measure and is comprised of a number of different institutions and intermediaries. As at 31 December 2013, the number of regulated entities was as follows: Type of Institution Number of Institutions Long-term Insurance Companies (Intermediaries) 17 (2 265) Short-term Insurance Companies (Intermediaries) 13 (572) Medical Aid Funds-active Pension Funds-active 9 113 Collective Investment Schemes 13 Investment Managers 33 Microlenders 281 Stock Exchanges 1 Stock Brokers (exclude sponsors of SB) 4 Friendly Societies 2 Total 486 (2 837) FOREWORD BY THE CHAIRPERSON 8 Equally, I express sincere appreciation to my predecessor, Mr Rick Barmenas Kukuri, who has ably led NAMFISA out of murky waters. Although the vision is far from being attained, I am happy that under his leadership NAMFISA has made considerable progress in its reform efforts. The past four years were equally challenging as they were rewarding. Foreword by the Chairperson Foreword by the Chairperson I start this review of the previous year’s work by expressing appreciation to the Minister of Finance, Honourable Saara Kuugongwelwa-Amadhila for the trust and confidence she has bestowed on me when she appointed me Chairperson of the NAMFISA Board. NAMFISA is central to the economic success of Namibia and as such I am humbled to have been chosen among many equally deserving Namibians to lead this institution and to make NAMFISA a respected regulator at home and abroad. Our strategic goal is to become a respected regulator that fosters the soundness of financial institutions, ensure market integrity, maintain financial stability and protect consumers as well as maintain confidence in the financial system. In support of that goal, we initiated several reform initiatives anchored by a three-year rolling strategy. As a Board, we are driving the reform process from a difficult past to a future filled with promise and expectation. Our resolve continues to create an environment of financial safety and stability and to offer protection to the users of financial products and services. My expectation is that, taken together, all these should result in economic development and prosperity for our people through deliberate financial inclusion initiatives. My colleagues on the Board and I have reflected on what has been done thus far in aid of the reform agenda and what we could do differently and better in future. Therefore, the Board has recommended the drafting of a threeyear rolling strategy with specific targets. One of the main strategic objectives is the drafting of Regulations and Standards to support the implementation of the FIM, NAMFISA and FSO Bills, when they are promulgated by Parliament. 9 Our work in 2013 underscored the transcendent importance of accelerating the completion of the process related to the FIM, NAMFISA and FSO Bills, and accompanying subordinate legislation. This is vital in giving the financial environment a different, positive complexion that addresses the needs of present day Namibia. In addition, these modern laws will also give impetus to the implementation of the Namibia Financial Sector Strategy (NFSS), the country’s long-term development strategy for the Namibian financial sector. I am proud that we have sensed the need for change and that we have acted with flexibility and agility to meet the multiple challenges of the financial landscape. We expect the following year to continue to present similar challenges thus the Board’s strategic focus is to be forever vigilant to meet the demands of Namibia’s dynamic economic environment. The Board aim to position the right people in the right place at the right time, and remain relevant and valuable to the Authority’s various stakeholders. Looking to the future, my optimistic disposition is that NAMFISA will succeed in making Namibia’s financial services industry work for all stakeholders. Once again, I would like to thank the Minister, my fellow Board members as well as the CEO and his staff for the unwavering support and the commitment to take NAMFISA to greater heights. Together we shall have no reason not to succeed in making the Authority a respected regulator, both locally and internationally. Estelle Tjipuka Review by the CEO Review by the CEO 10 REVIEW BY THE CEO 11 As at 31 December 2013, the assets of, and assets managed by, financial institutions, size of the capital markets and loans disbursed by microlenders relative to the gross domestic product (GDP) of Namibia, were as follows: Financial Institutions 31-Dec-13 Assets (N$ million) % of GDP Long-term Insurance 36 424 10.5 Short-term Insurance 3 461 1.0 Medical Aid Funds 1 002 0.3 105 267 30.3 37 267 10.7 Investment Management 123 322 35.5 Microlending 2 616 0.8 18 729 19 077 15.6 15.9 347 165 289.2 Pension Funds Collective Investment Schemes Financial Markets: -Local market capitalisation -Local debt Issued Total Note: The total assets in the financial sector regulated by the Authority amounts to N$178 899 million compared to the figure of N$347 165 million (in table above) which includes significant overlap where, for instance, investment managers manage assets of Pensions Funds. The nominal Gross Domestic Product was recorded at N$120 058 million. REVIEW BY THE CHIEF EXECUTIVE OFFICER Our three-year rolling strategy ensures that we focus holistically across all key areas of the Authority’s mandate. During the past four years, and indeed during the financial year under review, we have achieved much in our quest to transform the Namibia Financial Institutions Supervisory Authority (NAMFISA) and have delivered commendably to our stakeholders. 12 This expectation from stakeholders provides the impetus and the motivation for us to continue growing the Authority in terms of reach and quality of service. In so doing, we are marching towards attaining our strategic targets and making NAMFISA a respected regulator that fosters confidence in the financial industry and offers protection for consumers. During the reporting period, NAMFISA has continued strengthening its regulatory and supervisory approaches, using of technology and human resources, based on a thorough selfassessment of current policies and practices. The Authority has engaged in a deliberate process to enhance its ability to fulfill its mandate of supervising the business of financial institutions and financial services totaling across approximately 3500 entities and individuals conducting financial services, businesses in Namibia, and to advise the Minister of Finance on matters related to financial institutions and financial service. Ongoing supervision of regulated entities was strengthened through the issuance of directives to correct anomalies in the market, and by continuing the gradual transition from rule-based to risk-based supervision. Through all these, the Authority continued its zero tolerance for non-compliance as supported by relentless implementation of our supervisory ladder of intervention. During the year under review further saw the continuation of work continued in the area of developing subordinate legislation to support NAMFISA and Financial Institutions and Markets (FIM) Bills upon promulgation. We anticipate good progress with the drafting and advancement of these pieces of subordinate legislation. Our dialogue with regulated entities continued under the remit of fostering understanding, cooperation and promoting the common purpose of financial stability. Several industry forums were conducted by the various divisions and in the same vein, high level stakeholder engagements were held between the principals of these entities and I. I must mention that we at the Authority are very pleased with the very positive feedback received through surveys and congratulatory messages by regulated entities on our activities. The roll out of our Electronic Regulatory System (ERS) continues to be work in progress. The benefits of this technology are already showing through greater efficiency in our regulatory and supervisory processes. In the same vein, NAMFISA introduced a Service Level Commitment (SLC) in respect of the financial services industries that fall within the regulatory ambit of NAMFISA. The purpose of this is to firmly commit to service excellence and efficient turn-around times in our engagements with the regulated entities. Enhancements to the NAMFISA website have also made it easier for the regulated entities and the public to access the information about the Authority. NAMFISA is achieving excellence and international recognition on the quality of reporting of its activities and the industries it regulates and supervises. Below is the PMR award for best annual report for 2013 received from the PMR Africa awards. We strive to develop a strong culture which is based on conducting ourselves with integrity; being responsive and respectful; taking pride in our achievements; being open and friendly and encouraging diversity; building relationships based on trust; and fostering great teams. Ultimately NAMFISA, and by extension the stakeholders we serve, must be equipped with a highly skilled and innovative workforce. In pursuit of that goal, NAMFISA has continued to expose its staff to a range of training interventions and growth opportunities. I am indebted to, and very proud of, this team of dedicated, energetic and committed individuals who have worked with renewed commitment to support me and ensure that we achieve our strategic objectives. As we face the future, I expect the workload to increase in volume and complexity, particularly in the face of the enactment of the FIM, NAMFISA and Financial Services Ombudsman (FSO) Bills. Considerable work has gone into finalising the process of having these Bills promulgated. Our expectation is that these Bills will become law in the current financial year. A mammoth task rests on our shoulders to ensure not only the implementation of the Bills but also to inform and educate the stakeholders on their contents. This will be a key focus area in terms of our consumer education engagements. Finally, I must thank the Honourable Minister of Finance, Mrs Saara Kuugongelwa-Amadhila, her very committed and able team at the Ministry of Finance and the NAMFISA Board for their unwavering commitment and support towards the attainment of the Authority’s Vision. I must also sincerely thank regulated industries and individuals for understanding and co-operating with the Authority, despite the tough stance that the Authority had to take on numerous occasions. This is a clear indication that the majority of regulated entities support our humble efforts to instill confidence in our market and ensure protection of consumers of financial markets. I look forward to our collective efforts continuing to make a lasting contribution to the orderly functioning of our markets, financial services consumer protection, financial stability and economic well-being of our country. PMR Award Review by the CEO NAMFISA is in an evolving phase and evolution is about growth and expansion in order to be well positioned to deliver on its mandate. NAMFISA has the responsibility to ensure that it has the necessary arsenal in place to respond to the current and future demands for growth and development. That includes adequate financial and competent human capital, systems, processes and other means required to carry out its duties that commensurate with all stakeholders’ expectations. Our stakeholders measure our progress in many ways and we must constantly ensure that we meet their expectations consistently and sustainably. We are measured on the effective and efficient supervision of financial institutions, financial prudence, employee engagement, impact of our work on consumers and society and stakeholder satisfaction. 13 Dear Mr Shiimi, I am very impressed by NAMFISA’s achievements under your leadership since you took over as CEO and congratulations for winning the PMR award. In fact, if you look at the requirements for the type of regulators we need to have by 2030 (Vision 2030), NAMFISA is closer to achieving the targets ahead of time. Although there are many facets to being a successful leader, the key attribute which must be cultivated at all times is trust, and I have no doubt that under your leadership, the missing link (trust) between NAMFISA and the industry has been restored. I must also commend your management and staff for the just-in-time quick response to our queries and professional manner in which they have been attending to our applications, data requests and queries. Keep up the good work my boss and continue to build trust with the industry and also trust in God and you will lead us far. Regards, Phillip N Shiimi Chief Executive Officer Martin Mwinga, Chief Executive Officer, First Capital Treasury Solutions (Pty) Ltd 14 This section outlines the corporate governance activities for the year under review and how the Board executed its fiduciary duties in pursuit of the Authority’s mandate and objectives. The Board upheld good corporate governance principles as required by the NAMFISA Act of 2001 and best governance practices. The Authority is governed by a Board, appointed by the Minister of Finance in terms of the NAMFISA Act, 2001. The Act confers on the Board overall responsibility for: the management, control of the Authority’s affairs, the exercise of powers conferred and the performance of duties imposed on the Authority by the NAMFISA Act 2001 or any other law. Governance Governance GOVERNANCE 15 Eagle’s Viewpoint 16 The Board is responsible for strategic direction and control of the Authority by ensuring that decision and actions taken are based on values underpinning good governance. The Board reviewed the Authority’s strategic objectives and a three-year rolling strategic plan was approved. The plant set out the annual strategic initiatives that management are expected to deliver on for the next financial year. The Board held six meetings and major resolutions during the year under review were as follows: The Board has five non-executive members and the Chief Executive Officer of the Authority attends the Board meetings but as an ex-officio with no voting rights. The Board exercises its oversight through three principal committees. The term of the previous Board members ended on 31 October 2013 and a new Board was appointed on 03 November 2013 for the next three years. The Board members from 01 April 2013 to 31 October were constituted as follows: The Board members from 03 November 2013 to 31 March 2014 were constituted as follows: Mr Rick Kukuri - Chairman | Term expired Mr Titus Ipumbu - Vice-Chairman | Term expired Ms Estelle Tjipuka - Member | Re-appointed Mr Heinrich Nashenda - Member | Term expired Ms Malverene Theron - Member | Re-appointed Ms Estelle Tjipuka - Chairperson Mr Gersom Katjimune - Vice-Chairperson Ms Malverene Theron - Member Mr Bonifatius Konjore - Member Mr Simeon Amunkete - Member • reviewed institutional performance and structure; • reviewed NAMFISA/CEO performance for the previous year and further reviewed and approved the CEO performance contract for 2013/2014 at the beginning of the year; • provided input and approved the NAMFISA and FIM Bill implementation plan; • approved the land acquisition for NAMFISA’s own building; and • approved Audited Annual Financial Statements within the three months as per the requirements of the NAMFISA Act, 2001; • reviewed organisational structure and staffing levels. Governance Governance The Authority recognises that good corporate governance is the cornerstone for the regulator to regulate and supervise by fostering consumer protection and financial stability within the financial sector. The Authority believes that maintaining good governance practices will enhance its reputation and enable it to carry out its mandate as conferred by the NAMFISA Act. Composition of the Board 17 The Board Members FLTR: Mr Bonifatius Konjore - Member, Mr Simeon Amunkete - Member, Ms Estelle Tjipuka - Chairperson, Mr Gersom Katjimune - Vice-Chairperson Ms Malverene Theron - Member Attendance of Board Meetings Appointment and Remuneration Committee Legal and Compliance Committee The Board held six meetings during the year, two meetings were special Board meetings, and were attended by Board members as indicated below: During the year, the Appointment and Remuneration Committee was comprised of Mr T. Ipumbu, (Chairperson) and Ms E. Tjipuka (Member), Special Advisor and after subsequent changes to the Board new members were S. Amunkete (Chairperson) and M. Theron (Member) as well as members of management. Legal and Compliance Committee (LCC) consisted of Ms M. Theron (Chairperson) and Mr T. Ipumbu (Member), and after Board changes, the Chairperson remained and the new committee member, Mr G. Katjimune came on Board and members of management. DATE R. Kukuri T. Ipumbu E. Tjipuka H. Nashenda M. Rittmann 19 April 2013 Attended 28 June 2013 Not attended 09 August 2013 20 September 2013 DATE E. Tjipuka G. Katjimune M. Theron B. Konjore S. Amunkete 12 February 2014 20 March 2014 The committee considered salary increases, performance incentives and the Job Grading for new General Manager positions and made recommendations to the Board as required. The committee also recommended approval of the adjustments to the organisational structure that the Board approved during the year. The committee held three meetings during the year: DATE Attendance and activities of Board Committees • reviewed, considered and recommended the Authority’s budget for 2014/2015 and annual financial statements for approval by the Board; • approved the annual internal audit plan for 2013/2014 and received risk management reports, audit reviews and ad hoc investigations from internal audit for their consideration; • reviewed progress reports on the implementation of the Electronic Regulatory System (ERS) Data Upload Project and debt collection process for the long outstanding levies, and • considered a new proposal for the land acquisition of the NAMFISA Property. Governance DATE DATE DATE The committee held five meetings during the year of which two were special meetings to deliberate on the above matters: DATE E. Tjipuka H. Nashenda 21 June 2013 01 August 2013 Not attended After new Board members were appointed: 28 January 2014 06 March 2014 13 March 2014 Attended Not attended Attended Not attended M. Theron G. Katjimune The committee held two meetings during 2013/2014: S. Amunkete Attended Not attended M. Theron Board Training and Development As part of the Authority’s continuous education, training and development for Board members on matters relevant to the Authority, suitable training needs shall be organised in the next financial year to adress skill gaps. During the year, the Board members only attended Board induction training where NAMFISA’s activities were presented to the new Board. The new Board members were also formally introduced to the Minister of Finance. Attended DATE 07 March 2014 T. Ipumbu 05 March 2014 After new Board members were appointed: 12 December 2013 M. Theron 25 July 2013 Not attended Audit and Risk Committee The committee dealt with the following matters during the year: Special Advisor Attended • Audit and Risk Committee; • Appointment and Remuneration Committee; and • Legal and Compliance Committee. • The committee considered the legal matters against NAMFISA, • NAMFISA and Financial Institutions and Markets (FIM) Bill Implementation Plan; and • The committee also discussed the progress in the various cases the Authority is engaged in litigating. • Financial Services Ombudsman (FSO) Bill G. Katjimune B Konjore Governance 18 E. Tjipuka 02 & 06 August 2013 The Board carried out its responsibilities and exercised its duties and powers through the following principal committees: During the year, the Audit & Risk Committee consisted of Ms E. Tjipuka, (Chairperson) and Mr H. Nashenda (Member), and subsequently new Audit & Risk Committee consisted of G. Katjimune (Chairperson) and B. Konjore (Member) and members of management, external auditors and internal auditors. T. Ipumbu The committee reviewed the following matters during the meetings set out below: 19 Management The Authority is managed on a day-to-day basis by the Chief Executive Officer who is the Registrar in terms of the various laws that the Authority administers. The Executive Management consists of the Chief Executive Officer, two Assistant Chief Executive Officers, General Managers and the Head of Legal Services. Management 20 MANAGEMENT 21 OFFICES AND DIVISIONS In addition, the following Committees were established to assist the office of the CEO specialised technical functions: Office of the Chief Executive Officer The Chief Executive Officer (CEO) together with two Assistant Chief Executive Officers (ACEO) guides the strategic and policy direction within the Authority and presides over organisation’s regulatory and supervisory operations. This leadership is provided to accomplish the regulatory and supervisory objectives conferred on the Authority by the statutes administered by it. In performing its role, the Authority does the following: • advice to the Minister of Finance and the Board, • ensures that regulatory and supervisory decisions are unassailable and taken timely • establishes institutional capacity to enable the Authority to carry out its functions effectively and efficiently. of Finance and State Owned Enterprises Government Council (SOEGC) risks are within the organisation are managed well; relevant legislation is complied with; relevant technology and processes are in place; Authority staff is approximately skilled; stakeholder relationships are effectively managed; relevant and up-to-date policies are in place; and the Authority employs best governance practices. In short, the CEO’s responsibilities are to ensure the Authority carries out its functions. Executive Committee (EXCO): The CEO is supported by two (2) Assistant CEOs, Board Secretary, Internal Audit and Risk, Board Secretary, Corporate Communications & Consumer Education and three Executive Assistants. Licensing and Litigation Committee (LLC): This Committee is chaired by the CEO and consists of selected General Managers and Head of Legal Services. The Committee considers applications for the approval or registration of financial institutions and intermediaries. It also considers litigation by, or against, the Authority and recommends appropriate action. Risk Management Committee (RMS): Procurement Committee (PC): This Committee is chaired by the General Manager of Finance & Administration or his/her delegate and it is composed of, Legal Officer, One (1) Manager as designated by the CEO, Accountant, Manager: Corporate Communications, a person that may be co-opted by the chairperson based on his/her special knowledge or expertise. Such a person may only sit for a specific tender or meeting of the committee. The Committee was established to offer support to the strategic procurement function of the Authority. The primary purpose of the Committee is to review and evaluate all submissions by the departments for the procurement of goods and services that are in excess of N$30,000, and to recommend the most appropriate service provider based on price, quality, service, stock availability and references. Office of the CEO This committee is chaired by the CEO and consists of the General Managers, Internal Audit & Risk Manager, Board Secretary and Corporate Communications Manager. The Committee assists the CEO in identifying and managing risks within the Authority. The Committee is chaired by the ACEO: Support Functions and consists of the General Manager: ICT, ICT Manager, one representative from each of the NAMFISA divisions and any other person who may be co-opted by the Executive Committee or the CEO. The Committee is responsible for assisting the Office of the CEO with the following: Endorse the implementation of IT services related projects; endorse the identification of information security risks; promote information security practices in business units and advice whether security initiatives meet the business objectives. CEOs The CEO is responsible for implementing the strategy set by the Board and, amongst others, ensures that: proper accounting records are kept and audited; financial statements and a report on the activities of the Authority are submitted to the Minister This Committee is chaired by the CEO and consists of the ACEOs and General Managers and Head of Legal Services. The two managers for Internal Audit & Risk and Corporate Communications & Consumer Education Departments attend by invitation. EXCO’s three arms (Operations, Strategy, Supervision) implement the Authority’s strategy, monitors organisational activities and manages risks. The IT Steering Committee (ITSC): 22 23 Chief Executive Officers FLTR: Mr. Kenneth S. Matomola, Assistant Chief Executive Officer: Supervision, Mr. Phillip N. Shiimi, Chief Executive Officer, Mr. Bonifatius K. Paulino, Assistant Chief Executive Officer: Support Functions Office of the CEO FLTR: Marvelous Ngarizemo, Laura Moncho, Cletius Simasiku, Salome Auchas, Bonifatius Paulino, Mr. Phillip Shiimi, Uaatjo Kaurimuje, Roelien Klazen, Kenneth Matomola, Isack Hamata, Josephine Hamunyela Human Resources Division The Finance and Administration Division provides the required support to the organisation to ensure that the Authority achieves its strategic objectives. The division reports to the ACEO Support Functions. The Finance and Administration Division manages the finances of the Authority and ensures the proper accounting of its funds. It also provides general administrative services to the Authority. One of the key responsibilities of the Division is to ensure that annual financial statements are compiled and audited in line with international best standards and practices. The Division employs twenty staff in varying capacities. The Human Resources Division is charged with ensuring that the Authority is able to attract and retain competent staff. The Division is also responsible for the human resource policies of the Authority. The Division also co-ordinates the training of employees in accordance with the training plans. Performance management is another important function. The Authority uses the balanced scorecard methodology to agree and measure performance and achievements of strategic goals. The Division has six staff members all headed by the Human Resources manager. Finance and Administration Finance and Administration Division Human Resources 24 25 Finance and Administration Division FLTR: Charlotte von Wielligh (Finance Manager), Ronelda Davids, Cetric Kozonguizi, Adelheid Nekundi, Susan van Rooi, Benjamin Ashikoto, Jeremia Nakathingo, Lahja Hipondoka, Ivan Kaura, Johanta Vermaak (Contracts Manager), David Uuyuni, Maleni Shikongo Human Resources Division FLTR: Maudy Damon, Faith Damases, Hilja Katshuna, Rosa-Karien Jessen (HR Manager), Nicolette McLeod Information Technology Division Supervisory Support Division The Information Technology Division is responsible for acquiring, deploying, administering and maintaining appropriate information systems, as well as to manage the ICT infrastructure. The Department has five IT specialists and one business analyst. It is headed by the General Manager (ICT). The supervisory Support Division comprises two departments, namely Consumer Complaints and Inspections and Anti-Money Laundering (AML). The Division reports to the ACEO supervision. The functions of the Divisions are to receive and resolve complaints lodged by consumers, and to conduct specialised inspections and investigations into the conduct of financial institutions, as well as to ensure that registered financial institutions comply with AML legislation. The objective of the Inspections and AML Department is to conduct specialised inspections/investigations into the affairs of financial institutions at specific request. In addition, the Department works closely with the Financial Intelligence Centre (FIC) at the Bank of Namibia to ensure that registered financial institutions comply with the Financial Intelligence Act, 2007, and that the Authority fulfils its functions as a supervisory body. The total staff complement of the Division is 12, headed by the General Manager (Supervisory Support). Information Technology Consumer complaints received by the Authority are analysed by the Complaints Department. In resolving the complaints, the Department consults with or interviews the complainants, supervisory divisions and the legal division. The objective is to resolve all complaints satisfactorily and expediently. Supervisory Support 26 27 Mr Petrus Kafidi, General Manager: Information and Communication Technology Information Technology Division FLTR: Jacobina Newaka, Pascal Haingura, Julia Nambili, Petrus Kafidi, Venessa Tjizumaue, Kapurua Tjipura Ms Lovisa Indongo-Namandje, General Manager: Supervisory Support Supervisory Support Division FLTR: Hilka Alberto, Shirley Doeses, Simeon Shaanika, Marina K. Ishidhimbwa, Zanne Prins, Lucia Paulinus, Lovisa Indongo-Namandje, Nolan Swarts, Corrie Olivier, Njeri Mwangi, Ndahafa Nikodemus, Imba Petrus, Gillian Pickering Legal Services Provident Institutions While the division itself cannot initiate legal proceedings in a court of law, it gives briefings and support to legal practitioners to initiate and sustain proceedings. These proceedings involve, amongst others, curatorship of financial institutions and civil action against the Authority. The Authority is also involved in proceedings before the Appeal Board. The Division is headed by the Head (Legal Services), assisted by three (3) legal advisors and two (2) secretaries. While the two legal advisors are responsible for giving advice on regulatory, supervisory and litigation matters, the head has overall responsibility for the division. The Division is charged with the supervision and regulation of pension funds, friendly societies and medical aid funds and reports to the ACEO Supervision. The Provident Institutions Division consist of the Pension Funds, Medical Aid Funds and Friendly Societies departments. The Departments are charged with ensuring that registered financial institutions are able to meet their obligations to their members. This is achieved through off-site surveillance, industry review and on-site inspections to assess whether financial institutions comply with the relevant statutes (Pension Funds Act of 1956, Friendly Societies Act of 1956 and Medical Aid Funds Act of 1995) and are managed prudently. The Division has 15 staff members headed by the General Manager and two departmental managers for Pensions Department, and the other for Medical Aid Funds and Friendly Society Department. Legal Services The Authority’s Legal Division is responsible for: providing advice to the Board, the CEO’s Office and the Supervision Divisions on all financial laws administered by the Authority or any other law; ensuring that the Authority defends or opposes litigious actions against the Authority; and to initiate litigation where necessary in a court of law or proceedings; enabling the Authority to better regulate financial services or enforce its powers in supervising financial institutions. The Department reports to the ACEO Support Functions. Provident Institutions 28 29 Mr Cornelius Verwey, Head: Legal Services Ms Maria Nakale-Gaomas, General Manager: Provident Institutions Legal Services FLTR: Elaine Claasen, Cornelius Verwey, Hitjiua Tjiho, Shireen Strauss, Charlene Potgieter, Tamani Ndauendapo (Front) Provident Institutions Division FLTR: Silas Naobeb, Martha Mavulu, Aune Emvula, Saltiel Shino, Hendrik Nkole, Ryan Louw, Eben Basson, Maria Nakale-Gaomas, L’oreal Tjiueza, Teopolina Ndakolonkoshi, Christopher Swart, Selma Mapira, Christiaan Beukes, Tafadzwa Mashozhera Insurance Division Investment Institutions Division The Division is charged with the supervision and regulation of long-term and short-term insurers, reinsurers, brokers and agents. The Division reports to the ACEO: Supervision. The Division’s focus is the regulation and supervision of the stock exchange, stockbrokers, investment managers, management companies, trustees of unit trust (or collective investment) schemes, microlenders and other providers of credit within the ambit of the Usury Act, 1968. The Division’s functions is to protect the users of financial services and to ensure confidence in the financial and credit markets by: protecting investors and credit receivers, ensuring fair, efficient and transparent markets; and reducing systemic risk. The Division consists of the Short-term and Long-term Insurance Departments. The aim of the Division is to protect insurance policyholders. This is achieved through off-site surveillance, industry review and on-site inspections to assess whether financial institutions comply with the relevant statutes (Short-term Insurance Act of 1998, Long-term Insurance Act of 1998) and is managed prudently. The Division is currently staffed by 16 people including a General Manager and two (2) departmental managers; one (1) for Long-term and the other for Short-term Insurance. The Division consists of the Capital Markets Department, Collective Investments Department and Microlending Department. The Capital Markets Department is responsible for the regulation and supervision of the Namibia Stock Exchange and stockbrokers, investment managers, management companies and trustees of unit trust schemes. The Department carries out the responsibilities in the context of several laws: the Stock Exchanges Control Act, 1985; the Unit Trusts Control Act, 1981; the Financial Institutions (Investments of Funds) Act, 1984; and the Inspection of Financial Institutions Act, 1984. The Microlending Department is responsible for the regulation and supervision of microlenders and other providers of credit (for example, hire purchase outlets). The Department’s responsibilities are carried out in terms of the Usury Act, 1968 and the Inspection of Financial Institutions act, 1984. Insurance The Division has a total staff complement of 18 staff including two (2) managers. Investment Institutions 30 31 Ms Brenda Esterhuyse, General Manager: Insurance Division Ms Rachelle Metzler, Acting General Manager: Investment Institutions Insurance Division FLTR: Ananias Shaanika, Donovan Pokolo, Anna Amutenya-Uugwanga, Giselheid Strauss, Cynthia Katjivirue, Paulina Ndokosho, Suoma Kapadhi, Frieda Ipinge, Christel Roos, Brenda Esterhuyse, Michelle Bamm, Samuel Zeraua, John Uusiku, Ben Muhaindjumba, Leevi Itembu Investment Institutions Division FLTR FLTR (Back row): Ewaldine Gertze, Siyabonga Madonsela, Johannes Naanda, Gabriel Indombo, Jacqueline Kamukuenjandje, John Siseho, Alfred van Rooi, Rachelle Metzler (Front row, Full body image): Valentine Nghipandua, Sandra Tsuses, Kennedy Johannes, Lucrecia Lombardt, Precious Lubinda, Beata Shaanika, Marion Kaita Research, Policy and Statistics Division The Division reports to the ACEO Supervision and has the policy framework and statistics as its main focus of attention. The Division is staffed with six (6) people consisting of the General Manager, three (3) Policy Advisors, one (1) Manager and Secretary. The Projects Office is headed by the General Manager and assisted by three (3) Project Managers (to be recruited) and is established with the view to re-align and consolidate these ad hoc activities whilst ensuring focus within the different functions. This re-alignment will enable NAMFISA to continue providing excellent regulatory services to the financial services industry whilst the reform processes are ongoing. The Office is expected to function as: • Prioritisation center for urgent ad hoc projects; • Linkage between the different divisions within the organization and outside service providers; • Determining the needs of the various divisions and evaluating these needs; • Sourcing for the adequate service providers to provide the solutions to the needs; and • Evaluating the implementation and effectiveness of the solutions provided. Research, Policy and Statistics The policy framework focuses on policy development and documentation and ensuring that the regulatory and supervisory framework conforms to international best practise, principles and standards. Periodically, the division provides statistical and informational reports. Strategic Projects Office Strategic Projects 32 33 Mr Absalom Kapenda, General Manager: Strategic Projects Ms Erna Motinga, General Manager: Research, Policy & Statistics Research, Policy & Statistics Division FLTR: Hugh Chikoto, Lealani Van Wyk, Mally Likukela, Erna Motinga, Edmund Buys, Irene Shebo Strategic Projects Office Absalom Kapenda Quote from Namibian SUN article on NAMFISA “The high number of complaints against financial services providers is a matter of concern to the authority. A large number of Namibians are fragile in terms of financial literacy and income levels. This illustrates why financial regulatory and supervisory reform is urgent in Namibia, especially the promulgation of the NAMFISA and Financial Institutions and Markets (FIM) Bills,” the regulator said. With regard to the two Bills, the institution said both are expected to be promulgated in 2014, after two years of drafting and consultation. “The drafting of and subsequent protracted stakeholder consultations on the Bills have occupied much of the authority’s time over the past two years. This was to ensure that all the stakeholders understand and appreciate the intent and purpose as well as implications of the new law,” NAMFISA said. “Once promulgated, the new laws will provide NAMFISA with stronger and comprehensive enforcement powers against institutions that are found to be in contravention of these laws.” Strategy and Performance Strategy and Performance 34 STRATEGY AND PERFORMANCE 35 CONGRATULATORY MESSAGE “I hope this finds you well and looking forward to a very productive year ahead. I really have to compliment you and your team for the manner NAMFISA is revolving. We are seeing a new and active NAMFISA. For once you are fully engaged with the industry with regular consultations and your turn-around times are excellent. Please keep up the good work!! It is really a pleasure to work with the regulator.” Edison Katjipuka, 07 February 2014 (FNB Unit Trusts) STRATEGY PERFORMANCE FOR 2012/2013 About four years ago, the Board adopted a five year strategy that set the Authority into a transformation of both the institution and the laws it administers. This strategy contains four key areas of strategic intent which give rise to eight strategic objectives as shown in the table below: Objective A sound regulatory and supervisory framework that promotes a safe, stable, and trusted financial sector in Namibia. • To develop an efficient and effective regulatory and supervisory framework. • To build productive relationships with key stakeholders and earn their trust and respect. Well-informed and financially literate consumers of financial products and services in Namibia. • To contribute to the development of well-informed consumers of financial products in Namibia, capable of making sound financial decisions. A well-managed, efficient and effective regulator of financial institutions in Namibia. • To prudently manage financial resources. • To ensure operational efficiency of all business processes. • To shape the NAMFISA organisational culture over time to best execute the strategy and to develop a high engagement working environment including capacity building. • To develop appropriate IT systems. A reliable source of data, research, and policy advice on financial institutions in Namibia. • To produce accurate statistics, conduct leading research and provide quality policy advice on regulated entities and financial services. • To prudently manage financial resources. • To build productive relationships with key stakeholders and earn their trust and respect. • To produce accurate statistics, conduct leading research and provide quality policy advice on regulated entities and financial services. • To contribute to the development of well-informed consumers of financial products in Namibia, capable of making sound financial decisions. • To develop an efficient and effective regulatory and supervisory framework. • To ensure operational efficiency of all business processes. • To shape the NAMFISA organisational culture over time to best execute the strategy and to develop a high engagement working environment including capacity building. • To develop appropriate IT Systems. Within these key priority areas the Authority focused on the following strategic initiatives. 36 Strategy and Performance Strategy and Performance Key Result Area The Board set priority areas for the 2013/14 year towards the end of the financial year 2012/2013. The priorities are set to steer the Authority towards achieving its strategic goals and objectives despite constraints in resources: i.e. sustainable availability of skilled human capital, funds and time. Priority areas were as follows: 37 The Authority’s 5 year Strategy was influenced by the following factors: In pursuit of the strategic intent, the Authority’s regulatory and supervisory approach will strive to: • The importance of improving the Authority’s reputation by strengthening its regulatory and supervisory effectiveness. • The limited institutional capacity (Skills, culture, processes and systems) within the Authority. • Inappropriate and ineffective regulatory framework. • The limited literacy and activism among the consumers of financial services and products. • Common Monetary Area regulatory and supervisory environment and the necessity of collaboration with other regulators in financial sectors. • Global financial regulatory and supervisory best practices. • Employ risk-based supervision. • Promote market soundness and integrity. • Enhance consumer awareness and protection. To achieve the strategic intent the Authority has broken down the eight objectives into pre-agreed annual deliverables which form the basis for performance agreement contracts for the Authority’s leadership cascaded down to junior management and staff. Prudently manage financial resources The Authority’s total Income for the year ended 31 March 2014 was N$116.8 million and expenditure was N$94.2 million generating a net surplus income of N$24.3 million. Budget Commentary Due care was taken to ensure that the overall budget variance is within the target of 5% variance. The variance for income is much higher than the target but has positively enhanced the resource base of the Authority. Income for the period ending 31 March 2014 is 13% higher than the initial budget, whilst Expenditure for the period ending 31 March 2014 is 8% lower than the initial budget. The total assets of the Authority increased to N$247.7 million as at 31 March 2014 compared to N$217.1 million as at 31 March 2013. NAMFISA capitalises all it’s assets with a life expectancy greater than a year and with a value greater than N$1 000. The authority has invested about N$2.3 million in equipment and intangible assets which represent cost of acquiring computer equipment (computers, iPads and printers) for new staff and management and for replacing old laptops, old personal computers and printers in accordance with the IT plan for the year. Non-current Financial Assets, which represent investments in Unit Trusts increased to N$88.8 million as at 31 March 2014, compared to N$77.3 million as at 31 March 2013. The purpose of investing in Unit Trusts is to retain these funds for the foreseeable future extending over more than 1 year to enhance capacity and build up reserves for the acquisition of property for future developments. The Authority, as in previous years, developed a stakeholder engagement plan which was implemented throughout the year under review. The Chief Executive Officer attended industry forums, meetings, conferences and training workshops participating in presentations, feedback sessions and other high level roles. These meetings were positively received by the Industry as shown in the survey results on perception of conduct and on content as collated for most events by the Corporate Communications Department of NAMFISA. Nationally, the Authority participated in various initiatives, including the Financial Literacy Initiative, Financial Stability Committee, as well as structures set up to support the implementation of the Financial Sector Strategy, the blueprint for financial sector development in Namibia. The Authority continues to participate in regional and international organisations such as the: Reasons for the positive variance on expenditure are the significant cost savings measures under Advertising & Stakeholders Engagements, Consumer Education and Industry meetings & Consultation, without compromising on business objectives. Current Financial Assets, which represent investments in Fixed Deposits, increased to N$82.8 million as at 31 March 2014 compared to N$61.3 million as at 31 March 2013. Funds in fixed-term deposits yield competitive, positive returns over the period under review which increased the investment income. The budget is closely monitored, through the compilation of a set of Monthly Management Reports which are distributed to Management for their information, perusal and action, which ultimately ensures compliance and transparency. • Committee of Insurance, Securities and Non-banking Financial Authorities (CISNA); • International Association of Insurance Supervisors (IAIS); • International Association of Pension Supervisors (IOPS); and • Eastern and Southern Africa Anti-Money Laundering Group (ESSAAMLG). The substantial budgetary savings, prudent management of resources and the higher levels of income, enabled the Authority to invest funds to maximise returns. Produce data, research and policy advice 38 Graph - Total Income by source is as follows: Graph - Total expenditure by category is split as follows: Revenue 87 % Investment Income 11 % Other 2 % Consumer Education Costs 2 % Depreciation and Amortisation Expenses 2 % Finance Charges 1 % Inspection and Enforcement Costs 1 % Legal Costs 1 % Office Rental Expenses 9 % Professional and Consulting Fees 3 % Staff Costs 67 % Other 15 % The Authority collated and published data received from regulated entities for the Statistical Bulletin, Annual Report, Financial Stability Reports and other reports on activities of NAMFISA. The Quarterly Statistical Bulletin has continued to be appreciated by the industries while the 2013 Annual report received the Africa award from PMR Africa as the best annual report in Namibia. The Financial Stability Reports are produced jointly with the Bank of Namibia (BON). The Authority’s policy advisory work was spread across the following areas: • NAMFISA and FIM bills; • FSO Bill; • Consumer Protection Position Paper; • Standards and regulations for the FIM bill; and • Other ad hoc work as requested by Minister or other stakeholders. More information pertaining to the progress on all policy advisory work is covered in the chapter called “Regulatory Reform Update”. CONGRATULATORY MESSAGE “Please join me in extending our heartfelt gratitude to our CISNA Colleagues in Namibia for successfully hosting the 31st CISNA meeting. A special thank you to Mr Phillip Shiimi, Mr Isack Hamata, Mr Adrianus Vugs and the organising team for their hard work, support, co-operation and kind assistance in ensuring a successful meeting. Your generosity and friendliness will remain with us, and we will always remember your warm reception and all the beauty your country had to offer; where the ocean meets the desert! We sincerely forgive you for the weather conditions, we know you would have also intervened if you could!” Annah Manganyi 11 October 2013 On CISNA Meeting in Swakopmund Strategy and Performance Strategy and Performance Factors contributing to the higher income can be attributed to higher levy base levels, penalty fee income due to a more focused campaign to drive compliance and concerted efforts to enhance interest earnings to maximise returns, through swift action and taking advantage of competitive interest rates. Asset commentary Build productive relationships with key stakeholders 39 Educate and bring awareness to the consumers of financial services and products The Authority continued to draw its focus from the Consumer Education Strategy for the period 2013 to 2016. This strategy was created so as to have well-informed and financially literate consumers of financial products and services in Namibia. The Authority has been running a consumer financial education programme that sought to educate, inform and create awareness among users of financial services and products to enable them to make informed decisions. The key focus areas of NAMFISA’s consumer education interventions were to: introduce and promote NAMFISA, discuss the role of NAMFISA; explain the different types of financial services and products, educate and bring awareness on consumer financial rights and responsibilities. In terms of activities during the year under review, the following was done to increase awareness and financial literacy amongst users and potential users: 40 The NAMFISA and Financial Institutions and Markets Bills The drafting of the NAMFISA and Financial Institutions and Markets (FIM) Bills started a few years ago and have undergone several rounds of consultation with stakeholders, including regulated entities and the Cabinet Committee on Legislation. The Bills are now with the legal drafters in the Ministry of Justice for finalisation and are anticipated to enter the promulgation process during the current fiscal year (1st session of 2015). The drafting of the Bills and subsequent protracted stakeholder consultations have occupied much of the Authority’s time over the past two years. This was to ensure that all the stakeholders understand and appreciate the intent and purpose as well as implications of the new legislation. Once promulgated, the new law will provide NAMFISA with stronger regulatory and supervisory powers. The promulgation of the FIM Bill will play a major role in the deepening and development of financial markets. The flexibility that industries will have, will lead to greater innovation in offering competitive financial products and services to the benefit of both consumers and the financial institutions and intermediaries involved. NAMFISA is in the process of finalising the drafting of the Financial Services Ombudsman (FSO). This Bill will change the way the financial services industry has been operating in the country. It will be a separate piece of legislation from those administered by the Authority and will be headed by the Financial Services Ombudsman. The Financial Services Ombudsman is a statutory officer who deals independently with complaints from consumers about their individual dealings with all financial service providers. The FSO bill is currently undergoing its final round of reviewing with the Ministry of Finance. This review is at an advanced stage and once this process is finalised, the legal drafting of the FSO Bill will be reinstituted. This process will be followed by consultations with the stakeholders. Regulations and Standards under the FIM Bill The process of drafting and reviewing of subordinate legislation to support the FIM Bill continued throughout the year under review. NAMFISA is in the process of acquiring additional human resources to meet the set targets. This will entail contracting of consultants to aid in the drafting of layman’s draft standards. This process is quite meticulous and will require concerted effort and focus to succeed. In terms of industry consultations, the envisaged plan is that the industry be consulted in a formal and informal manner. The informal consultations will be done by way of sharing the legal drafts of the subordinate legislation with the industry for provision of written comments in 30 days after receipt. The formal consultations will also take place over 30 days once the regulations and standards are gazetted. This process of drafting the regulations and standards is championed by the Research, Policy and Statistics Division within NAMFISA Regulations 15, 28 and 29 Regulations 15 and 28 are aimed at curbing excessive capital outflows and to encourage greater local investments by longterm insurers and pension funds. Regulation 15 was amended to allow insurance companies to invest assests backing policy holders’ liabilities at prescribed levels for various assest classes. Regulation 28 was amended to allow pension funds to invest a minimum of 1.75% and a maximum of 3.5% of their total assets in unlisted investments. The “Unlisted Investments” is a new asset class that was introduced by amendments to Regulations 28 since exposure to asset class was not regulated, although some pension funds had indirect exposure to these alternative assets. Investment in property companies is however not recognised as unlisted investments and neither are other assets which are listed in an annexure (see gazette) to Regulation 28. This list of assets includes, but is not limited to, government, corporate and state-owned, local authority and regional council bonds. Regulation 28 further reduces the amount of dual-listed stocks that qualifies as domestic assets. The percentage of a fund’s total assets acquired in a company incorporated outside Namibia that qualifies as domestic assets (dual-listed) will be reduced from 30% starting from the 1st of January 2014 to 10% starting 1st of January 2018. Pension funds are given 12 months, starting 1st of January 2014, to comply with the provisions of Regulation 28. Regulation 29 deals with statutory pension fund investments in unlisted equities (1.75% of total assets under management). An Investment Manager who wishes to deal in unlisted investments should be registered and approved by NAMFISA as an Unlisted Investment Manager (UIM). A Special Purpose Vehicle (SPV) must also be registered as it is through the SPV that funding will be channeled to the UIM. Ensure operational efficiency of all business processes The Authority embarked on a path to achieve operational efficiency to enhance service delivery. In particular, the Authority continued to refine and use the following: • Inspection plans, off-site analysis and standardised inspection reports; • The Enforcement Ladder which uses the risk rating approach and methodology; and • Standard turnaround times for all activities performed by the Authority i.e. rule amendments, registration of applications and handling of industry and consumer enquiries. Develop a performance-oriented culture The Authority’s leadership creed gives direction to its successful approach by the Board, Executive Officers and Management. The Leadership Creed was developed in 2011/12 to clearly state the values that leadership of the Authority commits to in carrying out its functions. The activities aimed at enhancing a performance-oriented culture include: monthly feedback sessions to drive strategy and inculcate our values: review and approval of human resources policies by the Executive; in-house technical training sessions; and the development and implementation of job profiles for all positions. The Authority has also instituted a Strategy Challenge to engender staff ownership in the 3-year rolling strategy. The main purpose is to ensure that all staff do not merely execute the strategy but also need to own and live it. The first year’s strategy challenge presentations have been very successfully as divisions exhibited enthusiasm, creativity and heightened awareness of the overall direction that NAMFISA has taken. COMPLIMENTARY MESSAGE “Dear Phillip, I trust that you are doing well. Thank you for inviting me to be a judge at your performance review exercise. I promised to give you additional feedback at a later stage, and herewith I would like to honor that promise. I was very impressed with what you have achieved in such a short time. I think it is high time that you tell the NAMFISA story, what happened at NAMFISA. Since you took leadership it has been remarkable and achievements have been phenomenal. I think it is worth celebrating and the story is worth to be told. I like the event because it forced your staff to think outside the proverbial box, and really all of them did very well. I think it stimulated creative thinking and promoted confidence, two essential elements for a High Performance Organisation or HPO. The ability to interact with your staff and to energise them is something that cannot be overemphasised, I think you did well on that score.” Kind regards, Dr John Steytler, 05 June 2014 (Statistician General) Develop appropriate IT systems To achieve our goal of a well-managed, efficient and effective regulator, the Authority drafted IT strategy and implementation plan in the year 2011/12 which is reviewed annually. A welldesigned IT infrastructure is not only important for operational efficiency, but also for regulatory effectiveness. Strategy and Performance Strategy and Performance Develop an efficient and effective regulatory and supervisory framework. Financial Services Ombudsman 41 PRIORITIES FOR 2014/2015 Strategic Themes Financially literate leading to improved financial decision making. Consumers: Foster • Protection • Promotion of awareness Financial stability with sound principles. Reliable source data and information for research and policy advice. Financial institutions and Intermediaries: Foster • Stability • Fairness, efficiency and orderliness • Reduction of financial crime Sound regulatory and supervisory framework: - Prudential standards - Market conduct Regulate and supervise • Financial institutions & intermediaries, moneylenders & credit providers. Foster – • Financial soundness • Highest standards of conduct of business Effective Operations 42 Objective Strategy and Performance Strategy and Performance The Board annually reviews the priorities of the Authority and has set the following four priority areas for the 2014/15 financial year. In line with this prioritisation, the strategic intent has been cascaded into strategic themes and objectives in the table below: Table: Strategic Themes and Objectives on Priority Areas for 2014/2015 • Operational efficiency across the Authority • Effective risk management 43 Support Functions This section of the Annual Report provides some of the highlights of the organisation’s Human Resources, Legal and Information Technology functions and activities during the period under review. Support Functions 44 SUPPORT FUNCTIONS 45 NAMFISA funds financial markets skills development WINDHOEK – The Namibia Financial Institutions Supervisory Authority (NAMFISA) has awarded bursaries to eight students for the 2014 academic year. The regulator says the skills required to fulfill its mandate are very specialised and not readily available in Namibia, hence the need to have a structured approach to filling the identified skills gap. The NAMFISA bursary scheme’s focus areas are in the fields of actuarial science, financial markets, finance and accounting, auditing and law, insurance and investment studies. Since its introduction in 2010, 12 students have benefited from the bursary scheme and cost NAMFISA a total amount of nearly N$2.7 million covering expenses such as tuition, accommodation, meals, traveling, books, medical aid, study permits and stipends. “As a regulatory authority we have a responsibility to ensure the safety and soundness of the financial industry and it therefore behooves us to have the necessary capacity to deliver on those expectations. The bursary scheme is but one of the strategies we have at NAMFISA to develop skills, which benefit the authority and the country at large. By absorbing the graduates who benefit from our bursary scheme, we are underlining the importance of nurturing and guiding young talent as they take their first steps in the job market,” said NAMFISA Chief Executive Officer, Phillip Shiimi. NAMFISA bursary scheme beneficiaries are pursuing studies both in Namibia and in South Africa. Since the inception of the scheme in 2010, NAMFISA has already started to reap the benefits as from 2013 when four of the nine graduates took up full-time employment with the regulator. The other five are on attachment to financial institutions in order gain industry skills and upon completion of their attachments they will be expected to join NAMFISA’s supervisory divisions. Human Resources Employment practices Staff complement NAMFISA strives to be an employer of choice and, as such, complies with a variety of applicable employment legislation. To promote employee engagement and boost staff morale, the organisation holds regular staff meetings, which are conducted by the Chief Executive Officer. The staff complement, including contract staff, stood at 107 on 31 March 2014, which was 31.8% up from 73 during the previous financial year. The number of workforce (including contract staff) as at 31 March 2014 and 1 April 2013 are shown below: Four of the students who completed their studies on NAMFISA bursaries were offered full time employment by the Authority during the year under review. They are included in the information for the overall staff complement of the Authority. 1 April 2013 31 March 2014 46 27 Females Males 63 44 Employment equity Significant terminations NAMFISA is non-discriminatory and remains committed to the Employment Equity Code of Good Practice. To ensure that this commitment is sustained and to monitor progress thereof, the Human Resources (HR) Department provides management and the Board with quarterly updates on the progress made towards the implementation of the approved NAMFISA Employment Equity Plan. • Lily Brandt (Assistant CEO) went into early retirement with effect from 30 June 2013. • Akua Avafia (GM: Operations) resigned with effect from 30 September 2013. • Adrianus Vugs (GM: RPS) resigned with effect from 30 January 2014. Equity Status as at 31 March 2014 Employment Equity Distribution Staff turnover From 1 April 2013 to 31 March 2014, staff turnover was 7.5%. nr % Disadvantaged Male 38 | 35 % Advantaged Male 2 | 2 % Non-Namibian Male 3 | 3 % Disabled Male 1 | 1% Disadvantaged Female 55 | 52 % Advantaged Female 7 | 6% Non-Namibian Female 1 | 1% Bursaries NAMFISA awarded bursaries to eight deserving students from a total of 216 applications received. The current bursary holders are studying towards the following qualifications: Bursary Holders No. of Bursary Holders Course Institution 46 Total 107 Recruitment and selection From 1 April 2013 to 31 March 2014, the HR Department filled a total of 42 vacancies across all bands, as indicated in the table below: Filling of vacancies per band Organisational Band Narrative Band B Administrative Staff Band C Professional Staff Band D Management & Senior Specialists Band E Executive Total No. of Appointments 1 26 15 0 Staff promotions A total of 5 staff members, all from the designated groups, were promoted to senior positions, as reflected in the table below: Promotions during the period under review No. of Promotions Females 3 Males 2 1 1 2 1 1 Support Functions Support Functions 73 Masters in Mathematical Science University of Stellenbosch BSc Honours in Financial Mathematics University of Stellenbosch Masters in Commercial Law University of Cape Town BComm Honours in Economics University of Cape Town Bachelor of Commerce (Accounting) University of Cape Town BComm Honours majoring in Financial Analysis & Portfolio Management University of Cape Town Bachelor of Accounting (Honours) University of Namibia 1 1 Training and Development Authority staff in various divisions got exposure through attending training exercises, forums and conferences at international level. Organized intellectual exchange visits between the Authority’s staff and staff from other regulators was also a regular feature of interactive activities during the year. Selected employees from departments attended a familiarization and training session at the Financial Services Board (FSB) in Pretoria, South Africa during the month of September 2013. Staff and managemant also attended regional conferences and seminars e.g CISNA and ESAAMLG. The departmental staff in almost all divisions continued to do online modular studies on the Financial Stability Institute (FSI) Connect and the success rate is good. Managers also attended training courses and workshops geared to further enhance knowledge on supervisory developments at all levels and improve efficiency in management. 47 Information & Communication Technology Division ICT business alignment In order for the ICT function to effectively support the business the function was reviewed and was elevated from being an operational department to a strategic Division to aid NAMFISA to achieve it’s strategy objectives. This development led to the appointment of a Business Systems Specialist who is tasked to ensure that the business benefit from the various ICT systems and services. The IT strategy was also reviewed to align with the business strategy. 48 The historical data upload for 2007 – 2011 was completed with high involvement of the supervisory departments. The ERS enhancement project is expected to be completed during year 2015 though progress recorded during the first half of 2014 can be placed at 70% completion of full project. The network infrastructure was expanded to accommodate the additional offices at the Alexander Forbes Building. The Perimeter Security infrastructure (Firewall, VPN) was upgraded at head office but was also expanded to both the Alexander Forbes Building Office blocks and to the Disaster Recovery (DR) Site. Additional modules on the Finance Accounts and the HR systems were acquired and deployed. Control on the printing facilities was instituted and the NAMFISA printing bill reduced significantly. ICT future strategy The chief tenets of the IT Strategy are to: • To specify how ICT will contribute to NAMFISA achieving its strategic objectives; • Identify technology remedial initiatives for the next two to three years; • To provide for a framework for prioritising ICT initiatives; • To set clear targets for the period of the ICT strategy (2-3 years). The ICT Strategy for the next 2 to 3 years is under review and will be tabled at the various committee meetings for endorsement and approval early 2014/15. The Authority’s legal team experienced one of the busiest years in handling and facilitating legal proceedings in situations where NAMFISA was called to clarify or defend and/or support law redress and justice. The following are some of legal cases in which NAMFISA played a significant role during the year under review. Former Members of the Rössing Pension Fund (applicants) vs NAMFISA and three (3) Others The applicants launched a review application during October 2012 to review and set aside the “decision of Registrar approving the registration of rule 19.4.2 which confers on the employer the final right to decide in which manner the Rössing Pension Fund’s surplus assets are to be distributed, when in law such assets are the property of Rössing Pension Fund”. They further sought a declaratory order to the effect that the particular rule of the Pension Fund is unlawful and does not comply with the provisions of the Pension Funds Act. NAMFISA and the other respondents opposed the review application on various grounds during April 2013 after which date no further steps were taken by the Applicants to bring the case to finality. The Applicants withdrew their application against NAMFISA on 31 March 2014. NAMFISA vs FIS Life Assurance Company Ltd (respondent) An application was launched against the respondent, a registered long-term insurer for funeral insurance business only, to place it under provisional curatorship due to various non-compliance and other issues. On 7 November 2012 the order placing the respondent under provisional curatorship was granted. The curatorship continued until 9 December 2013 when the rule nisi was discharged, bringing the curatorship to an end. Alwyn Petrus van Straten N.O. & 88 Others (plaintiffs) vs NAMFISA & two (2) Others The plaintiffs instituted action against NAMFISA during March 2012 in which they claimed payment of a substantial amount for damages suffered as a result of NAMFISA’s alleged breach of its statutory duty of care. NAMFISA excepted to the plaintiffs’ Particulars of Claim and the exception was upheld on 31 January 2014. The Plaintiffs appealed against the judgment upholding the exception but the appeal has since lapsed. The Authority’s legal team was also involved in policy and law making and the following developments mark some of the activities. Subordinate Legislation The Long-term Insurance Regulations and the Regulations for Pension Funds were amended on 31 December 2013 with effect from 1 January 2014. More detail is covered in the section on Regulatory Reform and updates. Intended Legislation NAMFISA is involved in drafting and advising on new legislation or amendments of old legislation in respect of financial institutions and services. The intended legislation changes cover work on: Namibia Financial Institutions Supervisory Authority Bill, the Financial Institutions and Markets Bill, the Financial Services Ombudsman Bill, an amendment to the Pension Funds Act and new legislation with regard to moneylenders and consumer protection. Support Functions Support Functions ICT achievements Legal Services Division 49 Consumer Education Consumer Education 50 CONSUMER EDUCATION 51 Microlenders pay back N$1.9m Local microlenders were ordered to pay back N$1.9 million in total to customers who were overcharged in the past five years, the Namibia Financial Institutions Supervisory Authority (NAMFISA) confirms in its latest annual report. Reporting on its enforcement activities throughout the year, NAMFISA says those found to have overcharged consumers were mainly guilty in the fields of overcharging interest, although others were found to have illegally retained bank cards and personal identification numbers (PINs). Microlending business, the regulator says in its report for 2013, rose by 6.9% on the yearly, to N$1.6 billion at the end of 2012. “Term lenders disbursed 68% (N$1.1 billion) of all new loans, while payday lenders disbursed 32% (N$507 million) of new loans for the year 2012,” the company says in a media statement summarising the annual results. High number of complaints. The total number of loans approved in the micro-lending industry fell to 613 307 from 656 061 in 2011, representing a 7% drop. Microlenders, NAMFISA said, served a total of 209 402 customers as at 31 December 2012, of which 97 167, or 46.4% were civil servants. “The average loan from a term lender amounted to N$11 074, while that taken from a payday lender averaged N$983 per loan,” the NAMFISA statement reads. To protect consumers, governments and regulators, together with financial institutions, have sought to educate consumers in order for them to make informed decisions. The Namibia Financial Sector Strategy states that consumer protection and financial literacy is important to the economy. It highlights the concern that low consumer knowledge regarding rights, financial products and services, deficient protection mechanisms and poor personal financial management can lead to adverse impacts on the national economy and its citizens. It is therefore important that the necessary infrastructure is put in place to protect consumers from unfair practices. Education and awareness are essential to ensure that the level of information and guidance is enhanced. 52 In response to that call and on the Authority’s own accord, NAMFISA recognises that consumer education is one of the catalysts to financial inclusion and financial well-being of all the citizens of Namibia, and thus, the reason why we will continue to provide educational information on a consistent basis through various mediums of communication to the users and potential users of financial services and products as one of our Strategic Imperatives. The Authority has been running a consumer financial education programme that sought to educate, inform and create awareness among users of financial services and products to enable them to make informed decisions. The key focus areas of NAMFISA’s consumer education interventions were to: introduce and promote NAMFISA, the role of NAMFISA; different types of financial services and products, and consumer financial rights and responsibilities. In terms of past activities, the following was done to increase awareness and financial literacy amongst users and potential users: • Conducted road shows where we performed street theatre plays at schools and market places; • Attended numerous trade fairs and shows throughout the country disseminating educational information; • Placed newspaper advertorials; • Aired television and radio (live and pre-recorded) interviews; • Placed supermarket trolley adverts at various supermarkets across the country; • Placed billboards at strategic highways across the country; • Distributed our quarterly consumer education bulletin; and • Youth and workplace programmes. This section details the consumer financial education activities that were undertaken during the financial year under review. ■■ Consumer Education Quarterly Bulletin: A total of 60,000 copies of the NAMFISA Consumer Education Bulletin were produced and distributed during the year, using various distribution partners including universities, colleges, trade unions, regional councils and some regulated institutions. ■■ Mobile phone SMS campaign: NAMFISA piloted SMS literacy content by sending financial educational messages to a total of 40,000 consumers over a six-month period. The purpose was to create debate on responsible financial behaviour and to encourage behavioural change when dealing with financial services providers. Topics covered range from pension schemes, medical aid funds, insurances (long-term and short-term), budgeting, savings, investments and debt management, (on a rotational basis) to mention a few. The highlight on the topics is related to product definition and awareness, rights and responsibilities, and responsible personal financial behaviour. ■■ Engagement with University students: NAMFISA has entered into a strategic partnership with the University of Namibia to inform and educate first year and final year students about financial challenges that they may face in a college environment characterised by peer pressure and personal freedom. Content of the Consumer Education Bulletin is guided by the Quarterly Focus areas which are collated by NAMFISA’s Consumer Complaints Department. ■■ The Financial Literacy Initiative (FLI): The FLI celebrated its first anniversary in March 2014. The FLI is a national platform for various stakeholders involved in the development of financial literacy in Namibia. NAMFISA, together with partners such as the Bank of Namibia, Ministries of Finance, Education, Justice, Trade and Industry, civil society organisations (CSOs) such as the Namibia Consumer Trust (NCT) and numerous other non-governmental organisations (NGOs) are all founding members. The FLI conducts roadshows, places newspaper advertorials and airs financial-related interviews on radio and television. As a platform partner, NAMFISA also participates in the crafting of FLI’s strategy and assists with the crafting and dissemination of financial literacy messages. ■■ Radio clips: A series of 30-second radio clips were produced and aired on selected local radio stations, containing key messages anchored on savings, budgeting, borrowing and financial contracts. ■■ TV and radio interviews: NAMFISA has a dedicated slot on the Namibia Broadcasting Corporation’s morning magazine programme, Good Morning Namibia, to discuss topical issues that tackle the broad spectrum of financial literacy. NAMFISA representatives were also provided with an opportunity to be interviewed by various radio and TV stations, (public and commercial media agents) on financial literacy and consumer protection issues. NAMFISA will heighten its participation in FLI to reach many citizens as far as possible with consumer financial education messages, activities and campaigns. Consumer Education Consumer Education Regulation of financial services and products is dominated by a focus on restrictions on financial services and products, regulating business practices, as well as disclosure to consumers. As these financial services and products become more complex and change frequently due to innovation and technology, consumers are often left alone with the burden of the understanding of the various services and products sold to them. Activities conducted during the reporting period: 53 u H yo wis He gll t saVina , oerst tips Fb l era Fun liFe D an s ic ie pol ey AS mon g MY c HriSLtiL Debtsavin Mnent Y e t G o i A MAntips tric me welc o H. UAAtjoUje iM r U KA c eLe recycling pension FunD bENEFItS tIPS stop eXcess SPENdING Financial eXpert talKs n ra Dio s una lK set mbÜ wa Ks tal Court finds flaws in massive Prowealth claim namibia “The most amazing feeling about my career as a financial planner is salary rn a huge ed to ea t ne to witness first-hand theto need “You don’ olif f e. You just e it ur e n opositive fiak nancial joy yo rimpact to en d well.ofM on is w to e oen catiow mak spveon so ho tion to ” my edukn luclients... an success t c re c a t ’s a a ar H tr . thur New nYe “Con y pointsyom .” sicia fey e p or wise a coumseetmuon the k you as be t acts noterw wha k brea ht con-trChrpistilenekVen ig the r that peo are...” s so Page 16 you ondition c Page 16 your MFIsa Werner Menges Budget Sheet inside! Na ide!16 ses t iisnhSense Page eneW hMoney stea is Sso spending irit of geThe spLearn easy ways to make Bud Page 6 Page 7 ible... irresist your money ego further 7 Pag every month. It’s like e yourself! s n e e k paying a ey S to m Mon easy ways rther n fu Lear oney go e k li m It’s your nth. areas: 11 y mo focus P lf! ever urse o y g payin P5 s Christma o by Phot seun bü Wam Photo by ibia Ogilvy Nam 3 Page 7 Consumer Education 6 54 Photo by Ogilvy Namibia 9 1 7 4 8 2 5 13 11 10 12 14 15 In its current form, the N$105 million claim of liquidator Alwyn van Straten and 87 former clients of Prowealth Asset Managers against NAMFISA and auditing firm SGA is not sufficiently clear to enable the defendants to give a proper plea in response to the summons served on them, Judge Maphios Cheda found in a judgement delivered in the Windhoek High Court on Friday last week. The claim, which was lodged with the High Court in March 2012, should contain more particulars as “it is not clear whether the cause of action is grounded on a contract, delict or statutory obligations”, Judge Cheda said in his judgement. “In my opinion, left as it is, there is confusion as to what defendant is alleged to have done or not done. If it is an act or omission, it should be clear on the particulars, it certainly cannot be left to conjecture,” he said. Judge Cheda also found that the Registrar of Stock Exchanges, which is one of the positions held by the Chief Executive Officer of NAMFISA, should have been cited as one of the defendants in the case, since the functions carried out by the registrar are not the same as those of NAMFISA itself. Judge Cheda went on to remark that although the plaintiffs’ claim “is pregnant with legal difficulties”, it cannot be left to lie still and lifeless. The amount involved in the case is colossal, and it is therefore in the interest of all parties involved and the public at large that the matter should be properly dealt with, he said. Judge Cheda upheld the exceptions that NAMFISA and SGA raised against the claim filed against them, and ordered the plaintiffs to pay the defendants’ legal costs in respect of the exception that was raised and argued. The judge ordered the plaintiffs to amend their particulars of claim within 15 days after the giving of the court’s order. Van Straten, in his capacity as liquidator of Prowealth Asset Managers, and the 87 investors who were clients of Prowealth Asset Managers are suing NAMFISA and SGA for a total of just over N$105.2 million. They are claiming that this is the amount that Prowealth Asset Managers owes the investors and that the company is unable to pay to them because of large-scale theft and fraud that the late founder of the Prowealth group, Riaan Potgieter, committed before he took his own life in December 2008. The investors and Van Straten are claiming that NAMFISA and SGA were negligent in the performance of their duties with regard to the regulatory oversight and auditing of companies in the Prowealth group, and that this enabled Potgieter to steal huge amounts of money from investors who were clients of Prowealth Asset Managers. SGA is also being accused of negligence for failing to discover and disclose the conduct of Potgieter and the company. The auditors further helped Potgieter to disguise money that he misappropriated by reflecting it as loans in the company’s financial statements, and by recommending a scheme in terms of which the purported loans were to be converted into share capital, it is alleged in the claim in its current format. As a result of the auditors’ negligence, Potgieter was able to misappropriate more than N$105.25 million belonging to the company, Van Straten and the investors are claiming. Media Article Games Complaints & Fun s e Gam THE liquidator of the collapsed Prowealth group of companies and investors who lost tens of millions of dollars invested with a key company in the group have been given 15 days to rework a massive legal claim that they lodged against the group’s auditors and the Namibia Financial Institutions Supervisory Authority two years ago. 55 The legislative gaps that were found in the current regulatory and supervisory framework has led to the following developments and planning during the year under review: FIM Bill and NAMFISA Bill (bills, subordinate legislation, development, transition and implementation). Regulatory Reform Update Regulatory Reform Update 56 REGULATORY REFORM UPDATE 57 Development of the FIM and NAMFISA Bills Transition from old to new The FIM Bill and NAMFISA Bill (the Bills) have been submitted to the Ministry of Justice for legal drafting: Transition from old laws to NAMFISA and FIM Act. The process of transition require preparation concurrent to the development of the laws covered above and the activities covered below: NAMFISA gives: ■■ support to the Ministry of Finance/Minister of Finance in the parliamentary process, i.e. if the Bills are submitted to a committee and further questions are raised etc.; and ■■ support to the legal drafters when they go through the Bills – this is likely to be considerable work as the meaning of the provisions in the Bills should not be lost. This requires back-checking, review and alignment; 58 ■■ Continued drafting and review of the Regulations and Standards by the Authority is going on; ■■ Development is by regulated industry groupings (i.e. by Chapter in the FIM Bill); ■■ After process of converting the standards and regulations into final legal drafts, the Regulations and Standards will have to be consulted upon with industry. The industries may consider to formulate discussion groups to enable consolidated input into the Regulations and Standards; ■■ The Standards (already through the legal drafters and reviewed by the Authority) can then be formally Gazetted for “formal” industry input; ■■ Industry will then review the Standards once more, Authority considers comments and produces final standards and these can then be formally Gazetted as law; ■■ Concurrently, the Minister of Finance Gazettes the Regulations; and ■■ The legal framework is now officially in place and by notice in the Gazette, the Minister can “activate” the NAMFISA and the FIM Act in its entirety. ºº Processes can be streamlined and economies of scale can be harnessed; ºº Ensure that specialisation can take place; ºº Ensure that all regulated financial institutions experience the Authority in a similar manner; and ºº Ensure that skills are aligned to function. Regulatory and Supervisory costs are likely to increase under the new legislation and this will have to be assessed from the point of view of the new organisational structure, quantum of human resources, IT requirement, Financial Services Ombudsman, etc. This process needs to take place prior to the promulgation of a new “levy gazette” to ensure that funding is in place. Implementation The implementation of the new legislation may require changes to the organisational structure and approach to supervision. The choice of implementation may be dictated by the choice of organisational redesign as there are effectively three choices: ºº Keep the current set up of the organisational, i.e. supervisory units are structured by industry; ºº Change organisational structure to one that is structured around functions, i.e. applications, market conduct, prudential supervision, inspections, etc.; or ºº A hybrid version of the two preceding structures. Regulatory Reform Update Regulatory Reform Update • Subordinate legislation – Regulations and standards. The full set of Regulations and standards will have to be produced to fully support the Bills. However, there are some standards that are not critical to the implementation of the Bills once fully promulgated, thus current production is focused on the 80 critical standards and regulations and various stages of drafting and review: ■■ The legislation requires the development of new forms (applications, approvals, certificates, etc.), returns (financial, risk management reports, etc.) and other standardised/consistent documentation to support the implementation of the new laws; ■■ The new legislation also requires the development of new processes and procedures to support efficient implementation; ■■ In line with the risk-based supervisory plan, management reporting needs to be developed to assist with consistent implementation of the legislation and the employment of risk-based supervision; ■■ IT systems need to be developed to support the new documentation (forms, returns, and other documentation) as well as the new processes, risk-based supervision, etc.; ■■ Based on the newly developed processes and risk-based supervision, there may be need to review the organisational structure to ensure that: 59 60 The Authority commenced with the development of the riskbased supervisory (RBS) framework a few years ago. In the previous year, research on RBS best practice was conducted and concept note completed. Further development of the risk-based supervisory framework is based on the FIM bill, Regulations and Standards. In developing the subordinate legislation the Authority is making sure that: ■■ There is alignment and relevance of policy matters for the specific financial institutions; ■■ There is consistency in application of policy issues across different financial institutions; and ■■ That legislation will be effective for use as a regulatory and supervisory tool in prioritisation mechanism(s). During the year under review, continued drafting of subordinate legislation to the FIM bill requires understanding and incorporation of underlying principles and reference to international best practices. This is a firm basis for the riskbased supervisory framework. Regulatory Reform Update Regulatory Reform Update Risk-based supervision 61 Financial Services Ombudsman Medical Control Board The Financial Services Ombudsman (FSO) Bill is already in draft form and the following needs to be achieved: The Authority is in the process of developing a plan for the development of the Medical Control Board. Policy work is still at its infancy. • Finalise the Draft Bill after input from the Minister; • Consult with industry and other stakeholders after the legal drafting process; and • Submit to the Ministry of Finance and assist the Ministry of Finance throughout the promulgation process. Consumer Credit Bill and subordinate legislation Regulatory Reform Update The Authority is in the process of developing a plan for the development of the Consumer Credit Bill. Policy work on this bill is still at its preliminary stages. Quarterly Statistical Regulatory Reform Update Bullentin 62 63 The NAMFISA Supervisory Ladder of Intervention Purpose 64 • To identify areas of concern early and to intervene effectively to protect the users of financial services; • To promote awareness and enhance the transparency of the system of intervention for regulated entities and other stakeholders; • To summarise the circumstances under which intervention measures may be expected; and • To set out NAMFISA’s core supervisory principles, outline its supervisory activities and provide the framework for remedial supervisory intervention. Stage of intervention Rating description Stage 1 Intervention: No significant problems Stage 2 Intervention: Early Warning Stage 3 Intervention: Risk to Viability or Solvency Stage 4 Intervention: Future Viability in Serious Doubt Stage 5 Intervention: Entity Not Viable or Insolvency Imminent Rating code Notes: • Stage 1: At this stage, the Authority shall carry out ongoing supervisory and regulatory activities on a regulated entity pursuant to its mandate. • Stage 2: The Authority has identified some deficiencies in policies or procedures or the existence of other practises, conditions and circumstances that could lead to the development of problems described in stage 3 of intervention. • Stage 3: At this stage of intervention situations or problems exist that, although not presenting an immediate threat to viability or solvency, could deteriorate into a stage 4 situation if not addressed promptly. During this stage an entity may also be placed on a supervisory watch-list with increased level of monitoring. • Stage 4: This stage entails situations or problems described at stage 3 that pose a material threat to future viability or solvency, unless prompt, effective and corrective measures are applied. • Stage 5: This stage is characterised by severe financial, operational or market conduct difficulties resulting in one or more of the following: ■■ Failure, or imminent failure of the regulated entity to meet capital adequacy and solvency requirements coupled with the inability to rectify the situation within a short period of time; ■■ Failure of the regulated entity to develop and implement an acceptable business plan, thus making either of the two preceding circumstances inevitable within a short period of time; and ■■ Prolonged and consistent failure to comply with the Registrar’s directives. ■■ This will result in the reistrar seeking a winding-up order or revocation of registration of the entity and notification of the public. NAMFISA supervises its regulated entities in accordance with the NAMFISA Act (as amended). NAMFISA subscribes to principles adopted by international standard-setting bodies, i.e. IOPS, IAIS, IOSCO and CISNA. NAMFISA will continue to review its policies and practices to ensure that they remain effective and efficient and are in line with the needs of Namibia’s financial sector and international best practices. The supervision of financial institutions is conducted on a consolidated basis. The Memorandum of Understanding signed between NAMFISA and the Bank of Namibia and the Consolidated Supervision Framework permit exchange of supervisory and other information between the two Regulators for the purpose of facilitating consolidated supervision. Supervisory Ladder of Intervention Supervisory Ladder of Intervention The Act provides a wide range of discretionary intervention powers to the Authority to address situations that give the Authority cause for concern. This Guide sets out the procedures that NAMFISA will generally follow when the Authority has cause for concern regarding the operations of a regulated entity or in the event of non-compliance by a regulated entity with applicable legislation, regulations, standards, guidelines and directives of NAMFISA. The objectives of this guideline are: NAMFISA’s Supervisory Principles Indicators for supervisory concerns 65 Table: Supervisory Reform – Supervisory Intervention Ladder as at 31 December 2013 66 Pension Funds Medical Aid Funds Friendly Societies Microlenders Capital Markets Short Term Insurance Long Term Insurance Stage 1 – no significant problems 73 2 0 141 26 10 15 Stage 2 – early warning 20 4 0 44 2 2 0 Stage 3 – risk to viability 8 or solvency 3 0 14 0 0 0 Stage 4 – future viability in serious doubt 8 0 0 22 1 0 2 Stage 5 – entity not viable or solvency imminent** 2 0 2 64 4 1 1 Total regulated entities 111 9 2 285 33 13 18 * Insurance intermediaries excluded **Dormancy, non-submission of returns, non-payment of levies, solvency Supervisory Ladder of Intervention Supervisory Ladder of Intervention Supervisory Interventions 67 Supervisory Developments Supervisory Developments 68 SUPERVISORY DEVELOPMENTS 69 SUPERVISORY DEVELOPMENTS Table: Supervisory Reform – Enforcement Actions during the year 2013 Supervisory Interventions Pension Funds Medical Aid Funds Friendly Societies Microlenders Capital Markets Short Term Insurance Long Term Insurance Inspections 12 26 2 59 8 4 9 Notices to cancel 135 0 1 38 8 9 27 Actual Cancellations 0 0 0 22 13 0 1352 Voluntary cancellations 13 0 0 0 4 32 21 Complaints Resolved 2 3 0 166 2 0 2 Penalties imposed 66 1 0 0 0 4 3 70 Investment Institutions: Legislative developments Supervisory activities in terms of Collective Investment Schemes (CIS) revealed that one management company was registered, namely, Allan Gray (Namibia) Unit Trust Management Limited, during the year 2013. One of the above-mentioned inspections was conducted in collaboration with the Capital Markets (CM) department and the Swedish regulator, Finansinspektionen, through a cooperation agreement (MOU) between the two regulators. The aim of the joint inspection was to expose the local staff to international best practices as well as to align our supervisory activities with the Risk-Based Supervision (RBS) as practised by Finansinspektionen. NAMFISA crafted a Ladder of Intervention comprising of five (5) stages of supervisory intervention. The stages vary from Stage 1, signifying no major problems to Stage 5, signifying that the entity is no longer viable or insolvency is imminent. The latter would result in NAMFISA taking strict action which would include a winding-up order or the cancellation of the entity’s registration with NAMFISA and notification to the public. The NAMFISA Electronic Regulatory System (ERS) was introduced in June 2011 and the department successfully uploaded all statutory return on it. The ERS enabled regulated entities to submit their quarterly data and bi-annual levy returns electronically. The department embarked on loading historical data from 2006 until 2011 on the system, which will enable a more in-depth and efficient historical analysis of data. NAMFISA’s Ladder of Supervisory Intervention was availed to all regulated institutions through a circular and was meant to give a good understanding of the new approach to supervision, to help the industry to adopt good governance principles and to promote transparency in relation to supervisory actions taken by NAMFISA. A NAMFISA Technical Committee was established to determine more efficient ways (streamlining of institutional investors’ off-shore investment applications) to improve the process of off shore investor applications together with the team from the Bank of Namibia. The Committees is in the process of finalising their recommendations for approval by the two institutional heads. During 2013, the Authority continued to embark on the “Backto-Basics” regulatory initiative. This initiative stands for zero tolerance for non-compliance by regulated entities The department conducted eight (8) on-site inspections during the year under review. The inspections were conducted to verify compliance with the provisions of the relevant legislation; Unit Trust Control Act of 1981 (Act no. 54 of 1981); as amended, our registration requirements, the Inspection of Financial Institutions Act 1984 (Act no. 38 of 1984) and on-going obligation imposed on regulated entities and the provisions of the Financial Intelligence Act of 2012. Regulation 29 was gazetted during the period under review. Regulation 29 is specific to the CIS Department as it deals with statutory pension fund investments in unlisted equities (1.75% of total assets under management). Investment Managers wishing to deal in unlisted investments should be registered and approved by NAMFISA as an Unlisted Investment Manager (UIM). A Special Purpose Vehicle (SPV) must also be registered as it is through the SPV that funding will be channelled to the UIM. So far, the department has received a few applications for SPVs and UIMs which are going through process of assessment. During 2012, the department engaged the industry on regulations pursuant to the Unit Trusts Control Amendment Act of 2011. These regulations were finalised by the department, incorporating all relevant comments. The regulations have also been finalised by the Ministry of Justice (Legal Drafters) and forwarded back to the Ministry of Finance for final review before forwarding to Parliament for tabling and noting. During 2013, the Authority drafted the Conditions for the regulation and supervision of investment managers under section 4(1) of the Stock Exchanges Control Act. The Authority, after taking the industry comments on the draft Conditions, submitted the Conditions to the Minister. Supervisory Developments Supervisory Developments INVESTMENT INSTITUTIONS 71 The Capital Markets (CM) Department supervises the activities of investment managers and the stock exchange and members. The stock exchange is a self-regulatory organisation (SRO) and regulates the activities of its members, i.e. the stockbrokers. During the period under review, the CM department did not approve any new Investment Managers. The department conducted three (3) inspections during the year. The inspections were conducted to verify compliance with the provisions of the Stock Exchanges Control Act, 1985 (Act No. 1 of 1985) and the ongoing obligations imposed on regulated entities under the Financial Intelligence Act, 2012. Furthermore, NAMFISA will also verify that all Accountable Institutions adopt and implement compliance measures consistent with the Financial Intelligence Act No. 13 of 2012 (FI Act). The relevant questionnaires have been distributed to the industry for completion, where after, the assessment of fitness and propriety of the key persons will be performed by the Department. The Department has compiled Service Level Commitment (SLC) for industry players under the supervision of the Division. The SLC has been implemented organisational wide and continuous monitoring of adherence to these performance standards is ongoing. The annual microlending industry forum took place in March 2014 under the theme: “Developments In Dedicated Legislation For The Microlending Industry”. The Department conducted roadshows in the Khomas; Erongo; Oshana and Oshikoto regions of Namibia throughout the year under review. Microlending regulatory and supervisory activities involved review of a total of fifty- three (53) inspections. The inspections can be broken down as follows: • Post-registration inspections - 25 • Full-compliance inspections - 24 • Unregistered Lenders inspections - 4 Full-compliance inspections are conducted to verify microlenders’ compliance to the provisions of Notices numbers 189 and 196 of 25 August 2004, as issued in terms of the provisions of the Usury Act, 73 of 1968. Unregistered lenders inspections are conducted to verify compliance to the maximum finance charges. The authority will consider the structure and form of the legislation governing the money lenders which include the microlenders in the ensuring year. Post-registration inspections were conducted to verify whether microlenders adhere to NAMFISA’s office-infrastructure requirements in terms of the existence of chairs, tables, personal computer with subscription to a credit bureau as an example. Supervisory Developments In line with NAMFISA’s zero tolerance for non-compliance, notices of cancellation of Microlending Registration were issued to 17 microlenders and a total of 26 microlenders were de-registered during the year 2013. The Microlending and Credit Agreements Department has crafted an Anti-Money Laundering/Combating Financing Terrorism (AML/CFT) Action Plan with the assistance and guidance from the AML and Inspections Department. In this regard, a Public Notice has been issued alerting all Accountable Institutions (i.e. microlenders) that NAMFISA will be embarking on an exercise to assess the fitness and propriety of persons currently controlling or participating in the directorship and/or management of regulated entities. Supervisory Developments 72 73 PROVIDENT INSTITUTIONS The Division continued with its activities to improve service delivery to clients and enhance its supervisory and regulatory interventions. The division’s key goals during the period under review were to: 74 In its effort to augment the regulatory framework, the Division issued two directives to medical aid funds by repealing Circular No. PI/MA/3/2004 on trustee remuneration and Sections 2.5 and 2.6 of Circular No. 5/2002 that dealt with administration costs paid to medical aid fund administrators. The Registrar decided to rather place the responsibility on medical aid funds to determine the level of fees paid to trustees of medical aid funds for directing the activities of these entities. Instead of prescribing these fees, the Registrar expects each medical aid fund to adopt a remuneration policy that will guide the determination of trustee remuneration. Medical aid funds will further be required to discuss the remuneration of the Board of Trustees at each Annual General Meeting and inform the Registrar of the amount agreed upon to be paid to members of the Board. This will allow the members of medical aid funds to have an influence in deciding the fees that trustees can be paid for serving as Board Members. It is believed that the funds know best and understand the value that the trustees add to the work of these entities and are therefore better positioned to decide on the remuneration. Circular No. 5/2002 prescribed the administration costs to be paid to medical aid fund administrators. This circular which set administration fees per member at N$80 was issued in 2002 and was never reviewed. Going forward medical aid funds will be expected to directly negotiate administration fees with service providers and ensure that these are included in the service level agreements. Full implementation of, and compliance to, these service level agreements will be assessed through on-site inspections. Amended Regulations 26, 27 and 28 to the Pension Funds Act No. 24 of 1956 (the Pension Funds Act) were promulgated in December 2013 and became effective as from 01 January 2014. As per Regulation 26, the Registrar can impose administrative penalties on pension funds which fail to comply with any provision of the Pension Funds Act, regulation or legislative instrument related to the regulation of pension funds. These penalties were increased from a daily rate of N$10 to N$500. Pension funds will further be charged a daily penalty of N$ 1,000 for non-compliance to any provision of Regulation 28. Subsection 4 of Regulation 28 was amended to allow pension funds to invest a minimum of 1.75% and a maximum of 3.5% of their total assets in unlisted investments. This is a new asset class that was introduced by this regulation since exposure to this asset class was not regulated, although some pension funds had indirect exposure to these alternative assets. Investment in property companies is however not recognised as unlisted investments and neither are other assets which are listed in an annexure to Regulation 28. This list of assets includes, but is not limited to, government, corporate and state-owned, local authority and regional council bonds. Regulation 28 further reduces the amount of dual-listed stocks that qualify, as domestic assets. The percentage of a fund’s total assets acquired in a company incorporated outside Namibia that qualifies as domestic assets (dual-listed) will be reduced from 30% starting 01 January 2014 to 10% starting 01 January 2018. Pension funds are given 12 months, starting 01 January 2014, to comply with the provisions of Regulation 28. The division fully implemented the supervisory intervention ladder and rolled out its on-site inspection plan for the year. A total number of 40 inspections on 18 provident institutions were inspected of which 12 were on pension funds, eight (8) on medical aid funds and two (2) on friendly societies. Most funds were classified under stage 2 (“Early warning”) of the supervisory intervention ladder, five (5) were classified under stage 3 (“Risk to viability or solvency”) and two (2) fell under stage 5 (“Entity not viable or insolvency imminent”). The Authority’s stages of intervention are generally similar across regulated entities and are covered as an opening section to the section on Supervisory Developments. The inspections revealed that some regulated entities are still faced with the following challenges: • Lack of skills; • Late submission and/or failure to submit statutory returns; • Lack of various risk management policies; • Continuous growth in unclaimed benefits; • Lack of relevant information on members, i.e. beneficiary nomination forms; • Low reserve levels; • Operating with unapproved fund rules; • Poor internal controls; and • Arrear contributions. The Division engaged with all inspected entities to discuss inspection findings and provide feedback. Whilst most inspected entities addressed some concerns raised during previous inspections, other regulated entities have done little to identify and implement corrective action measures to mitigate risks identified during inspections. The Division will continue to further assess whether regulated entities have implemented the Registrar’s recommendations to improve efficiency within their operations and ensure that regulated entities are managed in line with best corporate governance principles. A total number of 18 procedure manuals were developed in the Division. These manuals will serve as a guide to analysts to ensure that the Division conducts its activities in a consistent and efficient manner. Further manuals will still be developed during the next financial year. The Division further developed a service level commitment to assist in improving its turnaround times and shared the same with regulated entities. The program to roll out the quarterly returns for pension funds and revised quarterly returns for medical aid funds could not be fully implemented since the returns are still to be created in the ERS. This is expected to be implemented during the next financial year, commencing April 2014. As a result, the Division is under pressure to ensure that it keeps up with market developments and continuously enhance skills capacity within the team. In total, nine (9) employees were recruited during the period under review. This brought the number of employees in the division to a total of 15. As part of staff development initiatives, ten (10) employees attended various training interventions to augment their skills. Most employees have enrolled with different tertiary institutions, and all employees continued to undertake courses offered by the Financial Stability Institute. Supervisory Developments Supervisory Developments • Ensure sound and appropriate regulatory framework; • Effective and efficient supervision; • Ensure effective and efficient operations; • Increased productivity; and • Ensure responsible financial management. Regulation 27 in turn prescribes the rate of interest that pension funds should charge on housing loans granted to their members. Previously this rate was set at 16% which is now reduced to the repo rate (5.50%) charged by the Bank of Namibia, plus 4%. This interest rate is higher than the current prime lending rate of 9.25%. The current prescribed variable rate could be viewed as on the high side, particularly for those who have bargaining power in the market, but this rate is highly comparable to the fund’s return on investments from investing in other financial assets. Therefore, pension fund members are benefiting by paying a market-related rate on their housing loans and having access to funding to purchase or develop houses to own and occupy. For the pension fund this is an investment vehicle whereby the rate of return from the housing loan directly benefits the members’ individual account. Therefore, members of pension funds who are granted direct loans or guarantees by pension funds are expected and encouraged to pay back their loans and avoid defaulting. 75 76 The Insurance Division’s key focus areas for the current financial year continues from the 2012/2013 financial year, i.e. onsite inspections of all registered insurance/reinsurance entities and an appropriate risk assessment for each these entities; implementation of the supervisory enforcement ladder, review of business processes, stakeholder engagements, production of quality data/information to the industry on a quarterly basis and employee training and development. An extensive review of the Long-term and Short-term Insurance Acts and subordinated directives and circulars were done during the previous financial year with the aim to establish effective enforcement of all provisions. Following this exercise, the Division embarked on a plan to address identified non-compliance by regulated entities which led to the issuing of a number of directives and circulars. The primary goal of issuing these directives and circulars was to: The Division conducted inspections on all registered entities according to the approved supervisory plan for the year. A comprehensive risk rating process was followed in identifying and categorising regulatory concerns so as to facilitate appropriate regulatory interventions by the Registrar. Common or similar findings across the industry were noted, resulting in various interventions. These included the issuing of penalties and fines for non-compliance, issuing of directives and circulars and interaction with senior management to address noncompliance practices. Continuous monitoring and additional offsite analyses were carried out in order to ensure that areas of concern raised by the Registrar are appropriately addressed. • Rectify incorrect practices; • Provide clarity on inconsistent practices; and • Request improved practices to ensure a better regulated insurance industry. The business review processes was performed to identify areas of improvement as well as to develop procedure manuals that can assist employees in maintaining consistency and efficiency when executing their duties. The ultimate aim is to fully utilise the Electronic Regulatory System (ERS) so as to improve operational efficiency and to improve turn around times. The project will continue during the next financial year with regard to ERS utilisation and further work will be performed to ensure harmonisation of similar business processes across all supervisory divisions of NAMFISA. During the year under review, the Division successfully hosted two industry consultation meetings where contentious matters were discussed. Moreover, as part of the Division’s wider stakeholder engagement plan, topical industry workshops were also facilitated and/or attended. On a quarterly basis, the Insurance Division issued consolidated reports for both the short- and long-term insurance industries. In addition to providing financial information and statistical analyses as part of the Division’s offsite supervisory mandate, these reports also highlight and elaborate on industry trends and market developments. Furthermore, the Division embarked on a comprehensive review of its quarterly returns and these enhanced returns will be available for utilisation by the insurance industry during the next financial year. The continual identification of improvements is a daily awareness culture to which the Insurance Division strives to adhere to. An amendment of long-term insurance regulations to the LTI Act was finalised and published in the Government Gazette of Namibia on 31 December 2013 (Government Notice No. 350) also withdrawing the Government Notice No. 126 of 31 May 2013. The amendment comprised of changes to regulation 1 and a substitution of regulation 15. All registered insurers and reinsurers are required to comply with the new limits of investments as stipulated in the amendments effective 1 January 2014. The Insurance Division further compiled a Financial Intelligence Act (FI Act)/Anti-Money Laundering (AML) compliance programme and developed a fit and proper assessment criterion during the current financial year. Returns based on this programme were disseminated to the insurance industry and all regulated entities were required to complete these returns before 01 April 2014. The division is in the process of drafting an industry wide report that will be released during the next financial year. The Insurance Division contributes on a quarterly basis to the Consumer Education bulletin. During 2013, the division wrote two (2) informative articles; one providing explanations on the maturity values for the long-term insurance industry and the other explaining the rights and responsibilities of the various parties within the short-term insurance industry. The Insurance Division also monitors complaints received by the NAMFISA complaints department. The Division provides technical assistance when required and a summary of complaints received is communicated to the industry in order to propose actions on how to deal with complaint resolution, both from a policy holder and an insurance company/ intermediary perspective. Supervisory Developments Supervisory Developments INSURANCE INSTITUTIONS 77 SUPERVISORY SUPPORT Inspections and AML/CFT compliance During the year under review, the Department recruited 4 staff members, two AML compliance officers and two inspectors. This brings the department to a full staff compliment as per the approved structure. NAMFISA Hosts SADC Finance Watchdogs – New Era The Department commenced with three triggered inspections. Two of the inspections were outsourced due to staff constraints. One of the outsourced inspection was at the finalisation stage at the time of reporting. The Department also developed standard terms of reference for use in outsourced inspections. by Eveline De Klerk 78 Shiimi addressed close to 75 participants from various financial regulators in the SADC region attending the 31st biennial five-day meeting of the Committee of Insurance, Securities and Non-BankingFinancial Authorities (CISNA) underway in Swakopmund. The CISNA meeting started on Monday and its main objective is to evaluate progress made with regard to the implementation of the CISNA Strategic Plan (2010-2015) and to discuss the activities of its various sub-committees. According to Shiimi there are huge expectations placed on their shoulders as financial regulators by the public that wants to see the creation of skills, capacity and the empowerment of people not only in Namibia, but in the entire SADC region to ensure their successful participation in the financial industry. “Therefore the importance of CISNA for SADC cannot be overemphasized. We all know that the organ was established to assist with the establishment of an integrated financial market within the SADC region. In view of that CISNA meets twice a year to share experiences and expertise. Shiimi says there is no doubt the strong foundations of cooperation the organ has put in place throughout its existence will facilitate further growth and expansion of the financial sector in the SAD region. “It provides a sound basis for all member regulators in our region to improve their regulatory systems to create a seamless financial system that addresses each other’s needs across our borders. I believe the financial sector is the engine and an important catalyst for economic growth. Thus your efforts as regulators should be geared towards creating a conducive environment for investment and economic growth,” Shimi said. NAMFISA is hosts the CISNA meeting that seeks to achieve the organ’s vision by championing a process of collaboration, engagement and co-ordination between regional non-banking financial institutions and other important stakeholders. CISNA was created by the SADC Protocol on Finance and Investment and comprises non-banking financial institution authorities, capital markets, collective investment schemes, insurance companies, retirement funds and providers of intermediary services. It also aims to reduce the potential for systemic risks, informing and protecting consumers, mobilising capital flows and contributing to prosperity in the SADC region. It was established in 1998 and reports to the SADC Committee of Ministers of Finance and Investment. CISNA members consist of 15 SADC member countries, which include Angola, Botswana, the Democratic Republic of Congo (DRC), Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe. AML tools and guidance manuals for use in AML/CFT compliance supervision were developed. These are the fit and proper questionnaire, assessment guide, reporting template and the AML Compliance Programmes. The supervisory departments were actively involved in the development of supervision tools, policies and guidance documents. Quarterly consultative sessions were held with the Financial Intelligence Centre (FIC) to ensure a joint and co-ordinated approach for AML/CFT compliance monitoring and supervision. The Department, in conjunction with the FIC, conducted an AML/CFT training session for supervisory staff. Three sessions were also held with the supervisory departments to educate them on their AML/CFT compliance monitoring and supervisory role. The Complaints Department is responsible for receiving and resolving complaints lodged on financial Services and products. The Department aims to resolve 80% of all complaints received within the year on a quarterly basis. During the year under review, about 96% of all received complaints were resolved. The complaints by Industry were as follows: Complaints status for 2013 Industry Microlending and Credit Agreements Long-term Insurance Short-term Insurance Pension Funds Collective Investment Schemes Capital Markets Medical Aid Funds Friendly Societies Others Total Received Resolved In-Progress 167 166 1 95 91 4 43 40 3 56 51 5 0 0 0 2 2 0 3 3 0 0 0 0 0 0 0 366 353 13 All complaints received and their outcomes are collated on a monthly, quarterly and annual basis. During the year under review, the department received 366 complaints compared to 422 in 2012. This indicates a significant decrease in the number of complaints received which may indicate healthier or improved levels of market conduct by financial institutions and its representatives resulting in more satisfied consumers. Complaints received range from non-cancellation of contracts, non-payments of pension benefits, repudiation of legal insurance claims, repudiation of funeral benefit claims, repudiation of death benefit claims, repudiation of disability benefit claims, repudiation of hospital benefit claims, overcharged interest, non-provision of information, claim disputes, policy lapses, over-payments on loan accounts, illegal deductions and extension of loan repayment periods. Further, during the period under review, the Department recovered an amount of N$ 1 437 684 in benefit claims and refunds paid by the financial institutions to consumers who lodged complaints. In terms of Long-term Insurance institutions an amount of N$ 138 346 was recovered while in terms of Short-term Insurance institutions an amount of N$ 138 346 was recovered. In terms of pension funds, an amount of N$ 446 478 was recovered while an amount of N$ 410 194 was recovered from microlending and credit agreement institutions. An amount of N$ 596 was recovered from a medical aid fund. Supervisory Developments Supervisory Developments Swakopmund — The Chief Executive Officer of the Namibia Financial Institutions Supervisory Authority (NAMFISA) Philip Shiimi said financial regulators in the SADC region should avoid dictating to entities they regulate by being on par with market developments to minimize their risks and to become leaders rather than followers. Complaints 79 Stakeholder Surveys 2013/2014 – Key learning points RESEARCH POLICY AND STATISTICS 80 The Division finalised the drafting and provided support in the publication of Regulation 15 under the Long-term Insurance Act and Regulations 28 and 29 under the Pension Funds Act. These Regulations were Gazetted on 31 December 2013. In terms of strategic regulatory reform, the Division completed the drafting of the NAMFISA Bill and the Financial Institutions and Markets (FIM) Bill. The Cabinet Committee on Legislation approved the Bills on 1 August 2013 with suggested changes. The Division continued to draft and review Standards and Regulations to be promulgated under the FIM Bill. Regulatory reform is partly aimed at better consumer protection. In this regard, the Division enabled the Authority to submit the draft Financial Services Ombudsman (FSO) Bill to the Minister in November 2013. At the Minister’s request, the Division started working on a cost-benefit analysis in respect of the Ombudsman, particularly in regards to the ombudsman model and funding that Namibia should adopt. The Authority plays a joint pivotal role with the Bank of Namibia in assessing, evaluating and reporting on financial sector strategy and financial stability for Namibia. During the year under review, the Division was involved in producing one report on Financial Stability and gave input to the crafting of the framework for evaluating and monitoring of the financial sector strategy. NAMFISA participates in regional and international supervisory bodies and organisations, and was requested to host the 2013 CISNA (Committee of Insurance, Securities and Non-banking Financial Authorities) meeting. The Division assisted in the planning and hosting of a successful CISNA meeting in October 2013. Furthermore, the Division is the Secretariat for all the engagements with stakeholders and as such, handles related issues with the Ministry of Finance and Bank of Namibia. The Research, Policy and Statistics Division acts as the Secretariat for the Insurance Advisory Committees and has drafted the Terms of Reference of these two Committees. To keep its stakeholders informed and for the purposes of the NAMFISA Act, NAMFISA publishes an annual report and statistical quarterly bulletins. The Division co-ordinated and published three Quarterly Statistical Bulletins and the 2013 Annual Report. Questionnaires were issued to participants to assess the Authority’s handling of the industry forums. The Authority was pleased by the response rate in the surveys which was recorded at above 90% success rate at all industry forums. The industries expressed willingness to have frequent engagements with the various regulatory divisions and to get timely feedback of decisions and actions taken in previous meetings. The survey results are important when the Authority is formulating its communications strategy. Thus, one of the lessons from the forums is that feedback is of great value in championing of operational efficiency and effectiveness. The Authority is considering a wider platform in which feedback on its role in major activities and/or reforms can be channeled for assessment and analysis. All surveys could be classified as a measure of how the industries viewed the Authority’s activities at the forum and thus may not reflect on how the Authority is viewed in terms of its overall mandate. Thus, future surveys will be designed to cover more scope. Supervisory Developments Supervisory Developments Research Policy and Statistics, provided support to the Authority in three key areas: regulatory reform, supervisory co-operation, and publications. During the year under review, industry forums were conducted for investment institutions, medical aid funds, microlending institutions and retirement funds. All industry players welcomed the Authority’s move to create open, interactive platforms for progressive and constructive engagement. 81 Industry Review Industry Review 82 INDUSTRY REVIEW 83 New registrations during the year 2013. Institution Registered entities as at 31/12/12 New Registered entities during year 2013 Long-term Insurance Companies (Intermediaries) 16(3820) 0(124) Short-term Insurance Companies (Intermediaries) 12(446) 0(161) Reinsurers 2 0 Medical Aid Funds 9 0 121 2 Collective Investment Schemes 12 1 Investment Managers 41 0 267 28 Stock Exchanges 1 0 Stock Brokers (exclude sponsors of SB) 4 0 Friendly Societies 2 0 487(4266) 31(285) Pension Funds Microlenders Total Deregistrations during the year 2013. Institution Deregistered entities during year 2013 Registered Entities As at 31/12/13 Long-term Insurance Companies (Intermediaries) 0(1693) 16(2265) Short-term Insurance Companies (Intermediaries) 0(35) 12(572) Reinsurers 0 2 Medical Aid Funds 0 9 12 111 Collective Investment Schemes 0 13 Investment Managers 13 28 Microlenders 22 273 Stock Exchanges 0 1 Stock Brokers (exclude sponsors of SB) 0 4 Friendly Societies 0 2 47(1728) 471(2837) Pension Funds Total INVESTMENT INSTITUTIONS The Authority supervises the stock exchange, investment managers, management companies, trustees of unit trust schemes, and microlenders in terms of the governing legislation. Its oversight extends to one exchange, 28 investment managers, 13 management companies, three trustees and 273 microlenders as at 31 December 2013. These financial institutions and intermediaries collectively fall under “Investment Institutions”, and the Authority supervised them under the Capital Markets, Collective Investments Schemes and Microlending Departments. Collective Investment schemes The Department registered one management company namely, Allan Gray (Namibia) Unit Trust Management Limited during the year under review, which brought the total number of registered management companies to 13. Investments in CISs or Unit Trusts continued to increase during the year. Total funds held under management for the year ending 31 December 2013 were N$37.3 billion compared to N$32.2 billion as at 31 December 2012 representing an increase of 15.8%. The chart below depicts the amounts invested in Unit Trusts per Source of Fund over a period of five years (N$ millions): Pension funds 40,000 Short-term insurance companies 35,000 84 30,000 Long-term insurance companies 25,000 Medical aid funds 20,000 Unit Trust schemes 15,000 Companies 10,000 Natural persons Other 5,000 0 2009 2010 2011 2012 2013 Total During the period under review, the industry had a 155.6% increase in investments in listed equities from N$3.6 billion in 2012 to N$9.2 billion in 2013, whilst investments in unlisted equities also steeply rose by 811.2% from N$187 million in 2012 to N$1,704 million in 2013. The following chart shows the proportions invested under CISs in Namibia, offshore and in the Common Monetary Area as at 31 December 2013: Namibia Common Monetary Area Offshore 51 % 44 % 5% Industry Review Industry Review The Collective Investments Schemes (CIS) Department, which previously formed part of the Capital Markets Department, was established in April 2013. At the inception of the Department, there were 12 registered management companies which had a combined amount of N$31.1 billion in assets under management. 85 Microlending and Credit Agreements Capital Markets The Usury Act, 1968 (Act No. 73 of 1968) sets the maximum annual finance charge rate that may be charged in connection with a money lending transaction, a credit transaction or a leasing transaction. The annual finance charge rate is confined to twice the average prime rate charged by banking institutions of Namibia in respect of microloan transactions. Namibia Stock Exchange As at 31 December 2013, a total of 34 companies were listed on the Namibian Stock Exchange (NSX); comprising of 27 listings on the Main Board (of the listings, 8 are primary listed and 19 dual listed on the NSX) and 7 are dual listed on the Development Capital Board. Market composition and size The market capitalisation of the NSX increased by 3.7% from N$1,357.2 billion as at 31 December 2012 to N$1,407.7 billion as at 31 December 2013. The local market capitalisation increased by 70% during the period under review from N$11 billion as at 31 December 2012 to N$18.7 billion as at 31 December 2013. The Development Capital Board had seven listings with a market capitalisation of N$1.7 billion as at 31 December 2013. During the period under review, a total of 28 additional microlenders were registered while 13 were deregistered with NAMFISA, bringing the total to 273 as at 31 December 2013 from 266 as at 31 December 2012. Financial performance The observed increase in borrowings can be ascribed to the increased demand for credit that the commercial credit and banking institutions is not able to meet for any reason, for instance, poor credit record or lack of credit records. The aforesaid development was also consistent with the increase in the number of registrations of microlenders observed over the same period. The issuance of new payday and term loans grew at an average annual rate of 5.7% during the past five years, i.e. from 2009 to 2013. The total number of new loans rose by 14% from 613,307 in year 2012 to 698,460 in year 2013. The growth was mainly caused by “ripple effects” as payday lenders continuously renew their loans month after month. Also, the higher volumes on issuance of payday loans can be attributed to the continued influx of microlenders into the industry who are able to tape on the increased loan demand. The average loan obtained from a term lender amounted to N$14,293 and that obtained from a payday lender N$1,064. The graph below shows the average loan amounts disbursed to term and payday lenders over a period of five years (in N$): The sharp increase in local market capitalisation could mainly be attributed to the issuance of new additional shares by listed companies. A total of 15 of the 27 companies listed on the Main Board issued new or additional shares during the year to 31 December 2013. The main contributors were in the Financial and General Financial Sectors and the outstanding individual counters were Bank Windhoek Holdings Limited, Nedbank Group, Standard Bank Group, Investec Limited, Stimulus Investment Limited and Trustco Group who all issued new additional shares. There were also new share issues in the consumer goods and consumer services counters, with Oceana Group Ltd, Nictus SA and Truworth all issuing new shares during the year under review. The NSX local index increased by 21.2% from 274 points as at 31 December 2012 to 332 points as at 31 December 2013. The overall index, on the other hand, was nearly flat, recording a 1.3% increase from 984 as at 31 December 2012 to 997 as at 31 December 2013. The chart below depicts the trends in the local and overall indices over the past 5 years. NSX overall index (points) 1,200 1,000 NSX local index (points) 800 Industry Review Industry Review The total Namibian Dollar value of loans disbursed increased to N$2.2 billion during the year 2013, representing a growth of 37.5% from N$1.6 billion reported in 2012. Of the total loans disbursed in 2013, term loans amounted to N$1.6 billion, equivalent to 72.7% of the total disbursed loans, while payday loans constituted the remaining 27.3% with a value of N$620 million. Other contributors to the increase in market capitalisation are the Insurance and the Real Estate Sectors where Old Mutual plc, Vukile and Oryx Property Fund also issued new additional shares during the one-year period to 31 December 2013. Basic materials also contributed with new shares issued by AngloAmerican plc, Paladin Energy Ltd and Barloworld Ltd. 600 86 87 400 16,000 Term lenders 14,000 Payday lenders 12,000 0 2009 2010 2011 A total of 871 million new shares were issued on the NSX during the year. The issuance of new shares is the primary driver of the NSX market cap increase for the year. 10,000 8,000 6,000 4,000 2,000 0 200 2009 2010 2011 2012 2013 2012 2013 Sector Review Investment management Basic materials Investment managers held assets under management of N$123.3 billion as at 31 December 2013, an increase of N$14.1 billion or 13% from N$109.1 billion as at 31 December 2012. The sector delivered a negative return of -12.8% for the year 2013, underperforming both the NSX Overall and Local indexes. The worst sector performers were mining that saw all mining counters posting negative returns. Paladin Energy Limited was hard hit and ended in negative 50.8% for the year, while the B2Gold Corporation lost ground too, and ended the year at negative 28.8%. Anglo-American plc. was third worst at negative 11.6%. Industrials The industrial sector delivered a return of 14.7% for the year, outperforming the NSX Overall index by eleven times. The industrial sector is composed of only one counter, Barloworld Limited. Consumer goods posted a positive return of 18.1% over the one year period to 31 December 2013, with Namibia Breweries leading the pack at 28.3% and the Oceana Group coming in second at 15.7%. The third counter in the sector, the Bidvest Group, posting only a 0.7% for the year. Consumer services 88 Consumer services had an extremely difficult period during 2013, retreating to negative 23% over the period to 31 December 2013. Truworth was the worst performer in the sector, retreating 29.6% over the one year to 31 December 2013. Shoprite also performed poorly and recorded a negative 19.8% while the third counter in the sector, Nictus Holdings Namibia, remained flat at 0% over the one year period. Financials Financials posted a return of 16.7% over the one-year to 31 December 2013. The financial sector is the biggest sector on the NSX both in terms of market capitalisation (N$896,257 billion accounting for 64% of total NSX market capitalisation) and number of listings (15 listings accounting for 55.6% of the total listings on the NSX). The Financials sector was boosted by Namibia Asset Management, the front-runner at an impressive 77.8% for the year. Old Mutual plc. was the second performer at 34.2%, while First National Bank Namibia Holdings was third at 30.3% Investec Limited being fourth at 26.5%. Assets under management, based on Asset Allocation (per investment instrument), indicate that listed equities continue to be the asset class of choice, accounting for 47% of assets under mangement as at 31 December 2013, compared to 48.6% as at 31 December 2012. Money market instruments represented 28.6% of total assets, down from 31.2% held at 31 December 2012. Listed debt accounted for 14.2% of assets under management, unchanged compared to the same 14.2% of total assets held by investment managers as at 31 December 2012. Asset allocation per Source of Funds show that pension fund assets continue to constitute the biggest portion of assets under management with a 58% share of total assets held by investment managers as at 31 December 2013. Unit Trust Schemes are second with total assets of N$28.4 billion, representing 23% of total assets under management. Long-term insurance companies hold the third largest portion at N$18.8 billion or 15.2% of total assets under management as at 31 December 2013. Year-on-year, pension fund assets increased by 14.7% from N$62.4 billion as at 31 December 2012 to N$71.6 billion as at 31 December 2013. The assets under management of Collective Investment Schemes increased by 7.9% from N$26.2 billion as at 31 December 2012 to N$28.4 billion as at 31 December 2013. Long-term insurance assets increased by 16.5% from N$16.1 billion as at 31 December 2012 to 18.8 billion as at 31 December 2013. Short-term insurance assets managed by Collective Investment Schemes on the other hand substantially decreased by 106% from N$770 million as at 31 December 2012 down to N$373 million as at 31 December 2013. Industry Review Industry Review Consumer goods Assets under management based on country or geographic allocation show that Namibian domiciled assets constituted N$58.6 billion or 47.5% of total assets as at 31 December 2013, slightly down from N$55 billion or 50.5% of total assets the previous year. The Common Monetary Area (CMA) assets accounted for N$48.5 billion or 39.3% of assets under management, an increase of 16.3% compared to N$41.8 billion or 38.2% of total assets as at 31 December 2012. Offshore assets constituted the remaining N$16.3 billion or 13.2% of assets under management as at 31 December 2013, an increase of 32.5% compared to N$12.3 billion or 11.3% share of total assets as at 31 December 2012. 89 PROVIDENT INSTITUTIONS The Authority supervises retirement funds, medical aid funds, and friendly societies in terms of governing legislation. These institutions collectively fall under the Provident Institutions Division. 90 Industry overview Membership As at 31 December 2013, there were 111 active retirement funds supervised by the Authority of which two defined contribution funds were registered during the year. Therefore the number of active retirement funds declined from 121 over the year under review to 111 funds as at 31 December 2013. The decline by ten came as a result of 12 funds which were classified as inactive (four voluntarily deregistered and eight were going through the process of deregistration or liquidation) on the backdrop of two approved new funds. There were 145 inactive funds as at 31 December 2013. As at 31 December 2013 the total membership in the retirement fund industry stood at 297 455; of which 258 769 were active members and 38 686 pensioners. This is a 2.7% increase in total membership from 31 December 2012. The chart below depicts membership totals for the five years from year 2009 to 2013. The total number of defined contribution and defined benefit funds as at 31 December 2013 were 109 and 2 respectively. The number of umbrella funds remained at 10 (all defined contribution schemes). Industry Review Industry Review Pension Funds A total number of 95 retirement funds submitted financial reports for the period ended 31 December 2013, as compared to 93 submissions received for the period ended 31 December 2012. During the year under review, the department carried out 12 on-site inspections and zero off-site reviews of retirement funds. The Authority also approved 135 or amended rules of retirement funds. 91 350,000 Total membership 300,000 Active members 250,000 200,000 150,000 100,000 50,000 0 2010 2011 2012 It is worth noting that although the number of active retirement funds declined during the year under review, a positive growth was observed in the total number of members on retirement funds. The positive growth is mainly attributable to the increase of 33.5% in membership of umbrella funds. The total number of members on umbrella funds were 63 650 as at 31 December 2013, as compared to 47 683 at 31 December 2012. This increase 2013 is mainly as a result of umbrella schemes becoming a popular choice for most new employers sponsoring employees’ group pension benefits to participate so as to benefit from economies of scale. Also the increase is linked to some stand-alone funds which deregistered and joined the umbrella funds, thus also causing a reduction in the number of active funds as stated at the beginning of this paragraph. Income and expenditure Expenses Contributions Expenses incurred by retirement funds increased by 23% from N$605 million to N$745 million in 2013. The expense amounts include investment management fees, which are usually charged as a percentage of market value of assets under management. It must however be noted that it is common practice in the industry to disclose investment income net of The overall contributions received by retirement funds increased by 13.9% from N$3.9 billion to N$4.4 billion during the year under review. Membership for the review period only increased by 2.8%, therefore 13.9% increment in contributions could mainly be attributed to salary increases. Chart: 2012 and Chart: 2013 provides a comparison of contribution composition for the years 2012 and 2013. Chart 2012 Chart 2012 Member Contribution towards Retirement Emplyoyer Contribution towards Retirement Additional Voluntary Contribution (AVC) Contribution towards Costs Other Chart 2013 32 % 34 % 10 % 24 % Chart 2013 40.0 % 51.2 % 0.4 % 8.0 % 0.4 % fees, which means the amount indicated as investment fees may be understated (as a portion of this cost is already accounted for under investment income). If investment management fees are excluded, then there was an increase in costs of 14%. The charts below show the proportion of costs per category during year 2012 and 2013: Administration Fees Insurance Premiums Other costs Investment Fees 31 % 30 % 10 % 29 % 35.9 % 56.3 % 0.4 % 7.3 % 0.1 % The main method of funding costs is through employer contributions towards expenses 92 Charts below provide a breakdown of the benefits paid at industry level in 2012 and 2013. On a proportionate basis, the employers’ contributions increased by 5.1% during the period under review as compared to 4.1% decrease in employees’ contributions towards retirement savings. Additional voluntary contributions remained at 0.4% of total contributions. The contributions towards costs (fund expenses and risk benefits premiums) decreased by 0.7% as proportion of total contributions. This indicates that the average rate at which employers’ are contributing towards retirement increased due to higher actual employer contribution portions compounded by the proportionate decrease in contributions toward costs which are normally netted of the gross employer portion. Chart 2012 Chart 2013 55 % 34 % 10 % 1% 0% Withdrawal Benefits Paid Retirement Benefits Paid Death Benefits Paid Disability Benefits Paid Funeral Benefits Paid 55 % 34 % 10 % 1% 0% Liquidity The ability to meet short-term liabilities is of great importance to retirement funds. Therefore, if monthly inflows in the form of contributions are able to meet these benefit payments it will reduce the necessity to disinvest money from the investment markets which will incur costs and hamper overall long-term growth. Liquidity is defined as the ratio of ‘contributions due and received’ to ‘expenses and benefits due and paid’. As such, a value greater than 1 means the contributions would be able to cover the payment of the costs and benefits, while a value of less than 1 would be an indication to the contrary. As at 31 December 2013, this ratio stood at 1.02, which indicates that at an overall industry level, the contributions would have been able to cover the expenses and benefits that became due during the year under review. Total transferred and cashed benefits increased by 24.9%, from N$2.9 billion in 2012 to N$3.6 billion in 2013. Lump Sum Benefits paid increased by 20.1%, with benefits paid as lump sums on withdrawal accounting for 51.6% of the total amount, followed by lump sum payments on retirement at 39.8%. The amount paid in benefits is increasing on a yearly basis and is of great concern as it would seem that most of the pension savings which are supposed to be preserved until retirement, and only being utilised during retirement, are paid out in cash to members before they reach their retirement age. Although there is no law in Namibia that prescribes mandatory preservation, the current practice of early withdrawals go against the basic principles and objectives of pension savings. Non-preservation is a major concern as inadequate funds at retirement are not only to the detriment of the individual but also places an extra burden on the fiscus through higher levels of dependence on old age grant provisioning and financial support. Industry Review Industry Review Benefits 93 Assets and Liabilities The table below show jurisdictional asset allocation by class over the last three years Total assets increased by 23.2% from N$86 billion as at 31 December 2012 to N$105.2 billion as at 31 December 2013. The non-current assets increased by the same rate of 23.2%; from N$84.4 billion as at 31 December 2012 to N$104.0 billion as at 31 December 2013. Total members’ fund credits (accumulated funds) increased by 14.5% from N$45.8 billion to N$52.5 billion, while pensioner amounts remained at the N$9.0 billion level over the year under review. The increase in assets is mainly attributed to positive investment returns and capital appreciation. Jurisdictional asset allocations Asset Classes Namibia N$ (‘millions) 2011 Equities Fixed Interest Property Cash/Money market Common Monetary Area Outside CMA (CMA) N$ (‘millions) N$ (‘millions) 2012 2013 2011 2012 2013 2011 Total N$ (‘millions) 2012 2013 2011 2012 2013 16 528 20 220 23 009 13 148 15 009 18 148 12 549 11 685 27 308 42 224 46 914 68 466 5 735 5 728 6 608 6 768 7 640 8 263 3 985 4 856 6 095 16 488 18 223 20 966 506 533 597 252 233 323 14 56 90 772 822 1 010 3 912 3 563 3 998 1 080 529 838 407 5 865 560 5 399 9 957 5 396 358 624 929 9 6 7 331 544 835 697 1 174 1 770 Investments Unlisted investments Other 4 445 5 039 5 130 2 896 511 - 223 1 791 1 535 1 097 9 131 7 084 6 004 From an investment perspective, a steady growth in market value can be noted in the chart below. The market value increased from N$55.8 billion at the end of year 2009 to just over N$100 billion by end of year 2013 Totals 31 484 35 706 40 270 24 152 23 928 27 357 19 076 24 540 35 985 74 712 84 174 103 613 Chart: Market Value of Investments (N$’000) Market Value 120,000,000 100,000,000 94 60,000,000 40,000,000 20,000,000 - 2009 2010 2011 2012 The total invested assets as at 31 December 2013 were recorded at N$103.6 billion compared to N$84.2 billion as at 31 December 2012. This equates to a 23.1% increase in invested assets as a result of net positive cash inflows from contributions and favorable investment returns. Quite a significant portion 2013 of the retirement funds’ assets were invested in Namibia. From the data provided in the chart below, a shift can be seen towards investments outside the common monetary area since this portfolio increased by 5.5% of the total invested assets during the period under review. Chart: Geographical allocation of Investments 45.0 % Namibia 40.0 % Common Monetary Area (CMA) 35.0 % Outside CMA 30.0 % 25.0 % 20.0 % 15.0 % 10.0 % 5.0 % 0.0 % 2010 2011 2012 2013 Industry Review Industry Review 80,000,000 95 MEDICAL AID FUNDS Industry overview Income and expenses There has been no growth, in terms of the number of medical aid funds registered during the year under review. The number of active funds remained unchanged at nine as at 31 December 2013. This constitutes five closed and four open funds. Closed funds are exclusive to specific employer or employer groups while open funds are open to the general public. The industry recorded consolidated gross contributions income of N$2.3 billion during the 2013 financial year, which is 15.7% higher than N$2.0 billion recorded in 2012. This increase was mainly attributable to annual increases in contribution premiums as well as growth in membership. The increase in contributions approved by the Registrar: Medical Aid Funds for the year 2013 ranged between 7.0% and 10.4%. The weighted average increase in contribution premiums for open medical aid funds 9.9% which is slightly higher than the 9.0% weighted average increase in contribution premiums for closed medical aid funds, for the year under review. The aforementioned weighted averages were calculated with reference to the audited total fund beneficiaries as at 31 December 2013. The Registrar: Medical Aid Funds, in approving the proposed contribution premium increases, considered the following assumptions made by the respective medical aid funds, amongst all other factors: Membership 96 The number of dependents rose by 6.8% from 90 622 to 96 769. The dependent ratio which measures the average number of dependents per principal member remained unchanged in 2013 and was calculated as 1.3 and 1.4 for open and closed medical aid funds respectively. Pensioner membership which represents 2.7% of total membership, increased by 36.3% from 3 460 reported as at 31 December 2012 to 4 715 reported during the current year. Open medical aid funds had more pensioner fund members (83.7%) than closed medical aid funds (16.3%) as at 31 December 2013. • Medical inflation; • Aging of fund beneficiaries; • Expected utilisation of benefits due to aging of fund beneficiaries; and • Expected utilisation of benefits due to non-ageing factors. The total administration costs for the period under review increased by 16.3% from N$161.4 million in 2012 to N$188 million recorded for the year ended 31 December 2013. Total administration costs for 2013 accounted for 8.1% of gross contributions. The increase in total administration costs was as a result of fee escalations by the fund administrators and is also an indication that some additional responsibilities were delegated to the fund administrators, such as marketing activities of the respective funds. The level of administration costs will differ between medical aid funds, depending on the specific services provided by the Administrator. The past five year trend indicates that administration costs have increased from N$106.1 million in 2009 to N$188.0 million in 2013, representing a 77.0% increase. Managed healthcare fees increased by 14.4% from N$31.1 million in 2012 to N$35.6 million in 2013. Managed healthcare fees relate to any effort to promote the rational, cost-effective and appropriate use of healthcare resources. Managed healthcare includes clinical and financial risk assessment and management of health care, with a view to facilitating appropriateness and cost-effectiveness of relevant health services within the constraints of what is affordable, through the use of rules-based and clinical management-based programmes. Total non-healthcare expenditure rose by 14.4% from N$231.4 million in 2012 to N$265.5 million in 2013. Administration cost was the main component of non-healthcare expenditure constituting 70.7% (2012: 69.8%) followed by managed healthcare management fees which accounted for 13.4% (2012: 13.4%) of total non-healthcare expenditure for the 2013 financial year. The industry recorded a smaller underwriting deficit of N$16.1 million in 2013 compared to the underwriting deficit of N$25.4 million reported in 2012. The decrease in the underwriting deficit was mainly attributable to an increase of 15.7% in gross contributions, outpacing the increase of 14.9% in claims incurred. This is a noteworthy improvement in the financial performance of the medical aid fund industry. The medical aid fund industry recorded a surplus of N$109.1 million in 2013 (2012: N$60.6 million surplus) due to significant investment gains and other income. Investment gains and other income increased by 45.6% from N$86 million in 2012 to N$125 million in 2013. The increase in other income and investment gains was attributable to the growth in the investment portfolio of the industry. The majority of the medical aid fund industry’s investments (33.7% of total investments) are in unit trust investments. The underlying securities, in which the unit trust investment companies invested in, performed well in the respective markets, during the year under review. This also contributed to the increase in investment gains of the industry. Medical aid funds spent 14.9% more on healthcare expenditure (claims) in 2013. This expenditure increased in nominal terms from N$1.7 billion in 2012 to N$2 billion in 2013. The total claims incurred during the 2013 financial year accounted for 84.7% of gross contributions compared to 85.3% recorded in 2012. The top three (3) claim typologies for the medical aid fund industry remained hospitals, pharmacies and medical specialists. The medical aid fund industry expenditure on hospitals accounted for N$672.3 million or 34.5% of the N$2 billion that funds paid to all medical healthcare providers in 2013. During the 2012 financial year, the expenditure on hospitals accounted for N$575.3 million or 36.3% of the N$1.6 billion that the medical aid funds paid to all medical healthcare providers. Healthcare benefits paid by the medical aid funds for medicine dispensed by pharmacies amounted to N$322.8 million or 16.6% of total healthcare benefits paid in 2013; this represented an annual increase of 27.0% as compared to the amount reported during the period ended 2012. Payments to medical specialists increased by 17.7% to N$215.3 million and made up 11% of total healthcare benefits paid in 2013. The chart below illustrates the seasonal claims (quarterly basis) pattern for the past five years. 600,000 2009 500,000 2010 400,000 2011 2012 300,000 2013 200,000 100,000 - Q1 Q2 Q3 Q4 The Chart depicts that, with the exception of 2010, where claims for quarter four were the highest, the industry trend is that quarter two and quarter three of each year consistently record higher claims as a result of more sicknesses experienced during winter season. Industry Review Industry Review The total number of medical aid fund beneficiaries increased by 7.9% from 162 471 to 175 278 during the 2013 financial year. The number of principal members grew by 7.9% as compared to 2.7% observed in 2012. Open medical aid funds experienced an 8.5% increase, in the number of principal members while the closed funds principal members rose by 3.8%. In absolute terms the total principal members for the industry increased to 73 794 in 2013 compared to 68 389 in 2012. Claims 97 Assets and liabilities Investments The industry’s total assets increased by 16.7% from N$858.3 million reported as at 31 December 2012 to N$1 billion reported as at 31 December 2013. The growth in total assets was attributable to growth in investment assets. This growth in investment assets was in turn attributable to the capitalisation of investment gains. The funds have done well in improving the collection of arrear contributions, as is evident from accounts receivable balances which reduced by 27.1% as at 31 December 2013 relative to the accounts receivable balance as at 31 December 2012. This in turn led to increased cash balances of N$147.8 million as at 31 December 2013 compared to N$94.7 million held by the medical aid funds as at 31 December 2012. Accounts payable balances increased by 55.1% from N$49.7 million reported as at 31 December 2012 to N$77 million reported as at 31 December 2013, mainly due to the prepayment of the January 2014 contribution premiums by the respective fund members. The aforementioned contribution premiums included the 2014 annual escalation increases which were implemented by 01 December 2013. 98 The overall industry reserve level marginally decreased from 33% reported as at 31 December 2012 to 32.8% as at 31 December 2013. The decrease in the overall industry reserve level revealed that some Medical Aid Funds which have solvency levels above 25% recorded significant reductions in reserve ratios to outweigh the increase in reserve ratios for the two Funds below the minimum required solvency level. These two medical aid funds with reserve levels below the prescribed minimum required reserve level of 25.0% constitute 31.9% of the medical aid funds market share based on the number of beneficiaries. The Registrar: Medical Aid Funds will continue to closely monitor these two funds management accounts on a monthly basis until such time the reserve level is at least 25.0%. Chart below illustrates the trend on the industry reserves (solvency levels) for the past five years. 40.0 % Industry reserve level 35.0 % Prescribed minimum required reserve level 30.0 % 25.0 % 20.0 % 15.0 % 10.0 % 5.0 % 0.0 % 2009 2010 2011 2012 2013 In terms of Regulation 9 of Government Notice no. 1496, all medical aid funds are required to invest a minimum of 35% of their assets inside Namibia. Overall, 55.2% of the industry’s assets were invested inside Namibia as at 31 December 2013. All medical aid funds in their individual capacity were compliant with Regulation 9 as at 31 December 2013. In line with positive market performance the medical aid fund industry’s total assets grew by 16.7% to N$1 billion as at 31 December 2013 (2012: N$858.3 million). All medical aid funds in their individual capacities were compliant with Regulation 9 as at 31 December 2013. Individually these funds have a bigger exposure to the risk of not having sufficient assets to meet their liabilities. FRIENDLY SOCIETIES The Registrar of Friendly Societies had oversight over two registered entities, one going through the process of liquidation and three inactive friendly societies during the year under review. These societies are self-administered and offer benefits such as funeral benefits and provision of private affordable primary healthcare to registered members. Membership The number of active members increased by 0.2% from 1,172 members reported as at 31 December 2012 to 1,174 members as at 31 December 2013. Industry Review Industry Review The reduction in the industry’s accounts receivable balances is also as a result of correction of erroneous fund membership billing, which impacted the industry’s account receivable balances. Delays in communicating fund membership movements to the respective fund administrators, by the medical aid funds (especially the closed fund market segment), resulted in the fund administrators billing members who have already left the fund, thus increasing the accounts receivable balances erroneously. Incurred But Not Reported (IBNR) is a term that is commonly used in medical aid fund claims expenditure. IBNR reflects the total amount owed by the respective medical aid fund to all valid claimants who have provided goods or services to medical aid fund beneficiaries, but have not yet reported it. Since the medical aid fund knows neither how many of these claims (the frequency) have occurred, nor the severity of each claim, IBNR is necessarily an estimate. The medical aid fund industry’s IBNR provision is determined with reference to the projected claims paid and the projected claims incurred. The projected claims paid and the projected claims incurred were determined by the respective fund actuaries, with reference to the fund’s management accounts as at 31 December 2013. The medical aid fund industry’s IBNR provision increased by 11.4%, from N$19.8 million as at 31 December 2012 to N$23.4 million as at 31 December 2013. Financial information The financial information of the two active friendly societies was not available due to non-submission of annual financial statements by these entities. The Registrar has addressed this non-compliance issue with the two registered entities and directed them to submit annual financial statements as per the provision in the Act, as in the previous financial year. 99 INSURANCE The Authority supervises long- and short-term insurance institutions in terms of the Short-term Insurance Act No.4 of 1998 and Long-Term Insurance Act No.5 of 1998. These institutions collectively fall under the Insurance Division. Short-term insurance The short-term insurance industry is regulated in terms of the Short-term Insurance Act, 1998 (Act No.4 of 1998). This report is submitted in terms of Section 11 of the Short-term Insurance Act, and it covers activities for the year ended 31 December 2013 and includes unaudited financial figures of the industry. In Namibia, only insurers/reinsurers registered in terms of this Act may conduct short-term insurance business. During the period under review, there was only one active registered reinsurance company in Namibia, namely Namibia National Reinsurance Corporation Limited (NamibRe). Market Overview The short-term insurance industry participants as at 31 December 2013 were as follows: Industry Participants 31-Dec-12 Registrations Deregistrations 31-Dec-13 100 Insurers Re-insurers Brokers Agents Total 12 0 0 12 1 0 0 1 131 19 11 139 315 142 24 433 459 161 35 585 The chart below depicts the number of insurers per class of short-term insurance business for the past two years: All classes Fire (only) Marine (only) Aviation (only) Vehicles (only) Guarantee (only) Miscellaneous (only) Personal (only) Co-insurance (only) Total 31-Dec-2012 31-Dec-2013 11 11 0 0 0 0 0 0 0 0 2 0 0 13 0 0 2 0 0 13 Assets and liabilities Gross written premiums represent the domestic underwriting business excluding insurance placed outside Namibia via exemption as required by the Act. The industry experienced an increase of 14% in gross written premium income over the reporting period, which is a same increase as the previous period. This growth is again primarily attributable to new business and policy renewals with premium adjustment(s) at endorsement and/or annual increases. The total value of assets for the short-term insurance industry was N$3.4 billion as at 31 December 2013, an increase of 15% from the prior year. This growth in assets was mainly ascribed to increases in balances with banks, outstanding premiums, unlisted shares and unit trusts. The industry is encouraged to maintain continuous monitoring of excess cash balances and consider investing these balances in high performing liquid investment instruments within the prescribed regulatory laws and standards. The expense (claims, commissions and administration fees) experience of the industry increased by 18% over the current reporting period compared to an increase 11% for 2012. The 3% increase of expenses (11%) above the increase in gross written premium income (14%) prompts cautious monitoring of expenditure margins and income growth margins, taking vigilant consideration of inflation and economic performance. As at 31 December 2013, the total liabilities for the industry amounted to N$ 2.6 billion, an increase of 14% when compared to the previous year. The shareholder’s equity of N$ 906 million accounted for 26.2% of the assets of the industry as at 31 December 2013 while no significant change was observed in the equity and solvency ratios over the reporting period. Hence, the industry is encouraged to take a robust stride to perform effectively and prudently, and continue to apply caution in the management of assets and liabilities to ensure that the solvency ratio is at least increased to, and maintained at, around 30%, the preferred industry ratio. The industry’s balance sheet and solvency ratios for the past 5 years are presented in the tables included in the chapter on Statistics. The short-term insurance industry however remains sufficiently capitalised. The chart right illustrates the solvency level brackets for the 13 insurers and reinsurers of short-term insurance business. The cession of insurance at insurers, as measured by the cession ratio, was 30%, a decrease of 1% when compared to the ratio reported in 2012. The reinsurance expense increased by 11%, which can be attributable to the increase in applications for dispensation of reinsurance business by the industry as required by section 3(1)(c)(i) of the Act. The rest of the performance ratios remained more or less the same when compared to the prior year. The industry’s income, expenses and performance ratios for the past 5 years are included in the chapter for Statistics. Solvency level as at 31 Decemeber 2013 1% - 20% 20% - 25% 25% - 30% 30% - 35% 35% - 40% (> 40%) Total Insurers and Reinsurer 2013 2012 3 2 0 2 2 0 1 2 3 1 4 6 13 13 Industry Review Industry Review Market structure and size Income and expenses Typology and quantum of claims Vehicle, personal, fire and miscellaneous insurance continue to contribute to over 95% of earned premiums, with vehicle insurance alone contributing 33%. Alarmingly high loss and expense to earned premium ratios to the marine, aviation, vehicle, personal and co-insurance class of insurance business has also been noticed. In terms of profitability, an underwriting surplus continues to be recorded in all classes of insurance business. However, significant reductions in the underwriting surplus of 15%, 17% and 484% for fire, miscellaneous and aviation insurance classes of business respectively, was experienced for 2013. 101 Foreign insurance In terms of Sections 2(2), 3(1)(c) and 65 of the Short-term Insurance Act, the Authority has the power to grant foreign insurers or reinsurers to issue insurance of reinsurance policies in Namibia for those risks that local insurers lack capacity to cover. The table below provides an overview of insurance covered by foreign insurers over the past five years. These figures include the business of Lloyd’s which is an approved insurer in terms of the Act. Insurance business placed in the foreign market has decreased by 19.3% from 2012 to 2013. This is indicative of the increased willingness or capacity by the Namibian insurance industry to accept a higher proportion of risks within the local market. The Authority encourages the industry to maintain insurance business locally as far as possible after careful consideration of the risks. Lloyd’s and Non-Lloyd’s Foreign Exemptions (N$ 000) Aviation Fire Marine Miscellaneous Vehicles Guarantee Total Growth 2009 2010 2011 2012 2013 52 720 22 560 41 050 28 010 12 074 11 960 7 400 22 410 23 980 32 453 63 910 50 820 74 490 92 870 92 740 48 460 46 110 40 800 71 830 37 625 - 35 000 1 8 31 - - 490 - - 177 050 161 890 179 250 216 770 174 924 -25% -9% 11% 21% -19.3% Long-term insurance Financial Overview The long-term insurance industry is regulated in terms of the Long-term Insurance Act, 1998 (Act No.5 of 1998) (the LTI Act). This report is submitted in terms of Section 11 of the Long-term Insurance Act, covers activities for the year ended 31 December 2013 and includes unaudited financial figures of the industry. In Namibia, only insurers and reinsurers registered in terms of the LTI Act may conduct long-term insurance or reinsurance business. Income and expenses Assets and liabilities The long-term insurance industry reported a growth in gross premium income of 9.96% for the year. This increase is primarily due to the increase in new business as well as the annual increase in premium rates. Investment income on financial assets amounted to N$4.3 billion, growing by 14% from the previous year. Total assets of the long-term insurance industry increased to N$36.4 billion as at 31 December 2013 from N$31.6 billion as at 31 December 2012. The increase in assets is primarily due to increases in balances with banks, mortgage bonds, unlisted shares, foreign assets (in the CMA) and other assets. The industry is encouraged to continuously monitor and utilise excess cash balances by investing in high performing liquid investment instruments within the prescribed regulatory laws and standards. Market Overview Market structure and size The industry participants as at 31 December 2013 reconciled from 31 December 2012: Industry Participants 102 Insurers Re-insurers Brokers Agents Total 16 0 0 16 1 0 0 1 118 20 6 132 3702 124 1693 2133 3827 144 1699 2282 Namibia National Reinsurance Corporation Limited (NamibRe) is the only registered long-term reinsurer, however the licence is currently dormant as their focus has been on short-term reinsurance business. Going forward, this matter shall be explored. The number of insurers per class of long-term insurance business for the past two years is provided in the table below: All classes Funeral (only) Disability (only) Fund (only) Credit Life (only) Total 31-Dec-12 31-Dec-13 13 13 2 2 0 0 1 1 0 16 0 16 The industry’s premium retention ratio (reinsurance expense as a percentage of gross premium income received) is 98%. This is due to the fact that most of the big insurance companies make use of parent companies’ or group reinsurance programs. In these cases, the industry does not incur premium outflows; but retain most of the premiums received. The industry’s income and expenses for the past 5 years are presented in the chapter for statistics. Total policyholder liabilities of the industry amounted to N$30.9 billion as at 31 December 2013, an increase of 14% from 2012. The capital adequacy requirement (CAR) is the prescribed measure for the statutory solvency (i.e. statutory capital) of insurers therefore insurers often hold excess assets or capital over CAR as a buffer for a worse-than-expected experience. Capital over CAR is a measure of the financial soundness of insurers and the insurance industry. A coverage ratio of surplus assets/CAR equal to 1 times is acceptable for the industry, although a cover of 1.5 times is preferred. The industry coverage ratio was 5.7 times for 2013, up from 4.8 times in 2012. The long-term insurance industry remains well-capitalised. The industry’s balance sheets for the past 5 years are presented in the table under the chapter on statistics. The table below shows the ratios to which inadmissible assets (surplus assets) relate to CAR levels for the industry over the past five years. Cover 1 times Cover 1 – 2 times Cover 2 – 5 times Cover 5 – 10 times Cover 10+ times Total insurers 31-Dec-2012 31-Dec-2013 5 2 0 0 6 7 3 4 2 16 3 16 Industry Review Industry Review 31-Dec-12 Registrations Deregistrations 31-Dec-13 The industry paid total benefits of N$4.5 billion for the year ended 31 December 2013, increasing by 13.3% from N$ 3.9 billion reported for the year ended 31 December 2012. To the exception of retirement benefits and surrenders under the benefits paid, all other benefits paid in comparison to the previous year, explaining the overall increase in total benefits paid. Group member withdrawals more than doubled from the previous year. The expenses incurred by the industry increased by 25% from the previous year resulting in an increase in the expense ratio which is expenses expressed as a percentage gross premium income to 21.7%. The industry is therefore required to closely monitor these ratios and trends to ensure sustainable future profits. 103 Statistics Statistics 104 STATISTICS 105 Long-term insurance Long-term insurance Income and expenses - (N$ 000) Balance sheet - (N$ 000) 2009 2010 2011 20122013 Premium Income Single premiums RA 557,168 523,635 544,563 712,343 977,029 1,636,637 1,418,129 1,571,021 1,884,923 1,680,090 227,499 111,071 252,318 217,899 243,366 Single premiums (Main products) Recurring RAs 3,368,565 3,653,333 5,727,477 3,233,066 3,476,853 3,717,377 221,886 229,832 257,411 302,640 339,551 1,329 266,630 156 1,163 2,585,376 2,994,539 3,487,715 Policy loans 5,809,704 6,388,200 Mortgage bonds Claims/Debtors Total income Debentures 4,337,370 152,522 165,678 103,267 284,235 549,845 6,789,996 7,027,710 6,466,414 9,897,923 Shares: Listed Shares: Unlisted 11,275,415 74,544 63,415 146,450 195,871 6,052 727,851 717,760 1,004,863 1,160,791 1,160,819 3,902,261 7,869,672 3,944,288 4,685,570 4,968,265 134,994 603,741 1,049,228 1,924,060 2,619,994 428,755 496,208 531,730 543,237 384,676 7,617,545 3,803,814 10,428,988 11,798,195 13,484,239 Benefits Foreign assets-Offshore 2,036,262 1,376,969 2,378,707 3,520,816 3,408,184 Death 565,379 Other assets 211,400 3,176 2,545 218,886 Total Assets 22,488,934 25,368,967 26,735,930 31,653,824 36,423,756 343,410 384,829 542,614 544,473 Disability and health 126,263 129,962 136,854 165,072 177,440 Maturity claims 593,412 715,520 1,250,353 1,120,688 1,343,145 Fixed assets - Foreign assets-CMA Liabilities and reserves - 19,716,143 21,696,289 22,999,539 27,127,614 30,937,929 893,392 924,998 1,158,579 484,957 628,724 648,783 330,894 383,725 433,761 488,709 556,192 107,172 162,578 171,630 184,514 5,035 1,430,848 1,033,590 364,920 402,196 872,112 Long Term liabilities 584,144 625,296 806,203 810,699 690,047 1,031,438 934,827 CAR 406,117 421,059 3,738,202 3,620,903 3,590,179 3,937,090 4,454,130 Group member withdrawals Total Expenses Sales remuneration 218,494 299,639 330,783 370,905 440,871 Admin and marketing 462,907 555,540 601,443 640,877 778,425 Asset management fees 32,461 40,401 54,634 42,986 68,174 Re-insurance 50,049 38,516 61,970 56,600 101,293 9,655 4,007 (286) 1,164 943,751 1,052,837 1,111,082 1,389,927 Total - 763,911 Excess Assets Other expenses Policy liabilities 1,782,530 2,626,323 2,358,042 2,972,488 3,678,465 Statistics Annuity benefits Retirement benefits Surrenders Statistics 4,835,136 4,953,278 3,803,984 387,073 4,431,243 2,409,030 1,409,869 389,757 4,114,154 4,461,865 2,400,167 389,458 2,919,084 2,009,099 2,207,071 463,147 Balances with banks 4,430,403 310,269 2011 20122013 Gilts/Bonds Recurring (Main Products) Other income and fees 2009 2010 Assets Cash Total Investment income and capital gains 106 107 Short-term insurance Short-term insurance Income and expenses - (N$ 000) Experience per class of business Gross premiums written Net reinsurance expense Net premiums written 2009 2010 2011 20122013 1,755,920 2,028,562 2,138,593 2,444,369 2,788,152 426,795 537,281 972,235 748,665 833,078 1,329,124 1,491,281 1,166,358 1,695,704 1,955,074 Premiums earned 1,352,864 1,503,262 1,936,713 2010 Premium earned by class (% of total) Fire 18% 18% 2011 20122013 18% 21%21% Marine 2% 2% 2% 1%1% Aviation 0% 0% 0% 0%0% Vehicles Guarantee 36% 4% 37% 4% 35% 34%33% 2% 2%1% Claims incurred 888,620 941,431 959,265 1,027,977 1,204,758 Miscellaneous 19% 20% 21% 18%20% 153,563 164,616 169,675 182,582 251,844 Personal 21% 20% 23% 24%24% Expenses incurred 141,336 182,324 186,201 246,495 282,341 Co-Insurance Administration fees 41,080 56,763 55,645 67,310 58,116 128,265 Capital gains 158,129 Investment income 177,854 120,331 146,269 138,690 139,654 Fire Marine 136,775 Aviation 0 27,611 8,829 41,934 76,040 Other income/(expenses) -18,960 -4,292 -37,224 -20,996 -13,483 Reserve decrease/(increase) -14,504 -10,305 -14,103 -14,340 -19,709 Profit before tax 201,551 291,474 281,625 323,151 0% 0% 0% 0%0% Loss ratio by class 177,863 106,751 319,277 42% 42% 44% 44%55% 25% 55% 59% 76%74% 33% 33% -2147% -21%375% Vehicle 72% 66% 65% 67%64% Guarantee 77% 74% 66% 42%30% Miscellaneous 62% 65% 61% 50%60% Personal 82% 73% 72% 73%68% 0% 0% -98% 118%143% Co-Insurance Expense ratio by class Fire 33% 36% 30% 32%35% Marine 14% 19% 18% 20%22% Aviation 16% -4% -118% -6%82% Vehicles 22% 23% 24% 26%27% Guarantee 16% 20% 32% 51%63% Miscellaneous 25% 27% 26% 33%40% Personal 23% 24% 25% 25%24% 0% 52% 0% 739%-1% Co-Insurance Underwriting results (% of premiums earned) Fire 25% 22% Marine 61% 26% Aviation 51% 71% Vehicles 5% 11% Guarantee 8% 6% Miscellaneous 13% 8% Personal -5% 3% Co-Insurance 0% 48% 25% 24%9% 22% 4%4% 2365% 127%-357% 11% 7%9% 2% 7%7% 14% 17%0% 3% Statistics Statistics 1,702,227 2009 Commissions Underwriting surplus 108 1,548,639 2%9% 198% -757%-42% 109 Short-term insurance Medical aid funds Balance Sheet - (N$ 000) Membership 2009 2010 2011 20122013 Principal members 63,647 64,399 66,579 68,389 73,794 Cash Dependants 81,783 84,611 88,777 90,622 96,769 33,084 33,397 33,619 82,64997,800 Balances with banks 662,624 930,030 975,376 1,220,705 1,335,926 Bonds, securities, bills 110,420 147,021 140,752 228,499 256,517 Outstanding premiums 170,448 79,382 131,466 99,591 209,771 0 0 16,048 1,975 4,325 53,676 69,533 85,693 71,685 63,239 Mortgage bonds Debentures 0 0 0 00 Debtors 132,093 262,716 147,769 282,476306,824 Shares - Listed 209,705 109,673 104,566 162,807 121,529 86,897 89,303 179,025 171,106 279,419 157,126 235,713 424,686 309,073 429,118 Shares - Unlisted Units in unit trusts Land & buildings 15,095 17,293 17,565 3,462 1,126 Fixed assets 12,047 41,338 15,168 15,790 25,439 Other assets 305,692 342,019 351,899 352,141 330,447 1,948,908 2,357,418 2,623,631 3,001,959 3,461,480 Total Assets LIABILITIES Unearned premium provision 530,188 658,817 758,246 824,565 965,968 Outstanding claims 135,764 165,847 173,676 199,034 206,092 77,553 86,743 82,743 125,380 117,833 Contingency reserve 105,904 120,387 140,042 163,298 176,334 Unexpired risk provision 148,049 190,553 240,806 272,284 291,510 27,092 24,096 17,081 38,762 66,515 3,814 0 0 0 7 1 0 0 0 0 IBNR Due to insurers & reinsurers Reinsurance deposits Bank overdrafts Provision for taxation -3,787 -647 26,123 13,022 5,202 Provision for deferred tax 18,582 23,680 25,707 25,650 27,581 Contingent liability Other Current liabilities Total Liabilities 0 0 42 42 133 120,995 146,931 183,109 300,986 350,450 168,707 157,865 168,920 270,996 348,146 1,332,862 1,574,272 1,816,496 2,234,019 2,555,771 Equity 616,045 Solvency Ratio 783,146 807,135 767,940 31.6% 905,709 33.2% 30.8% 25.6% 26.2% 3,360 3,318 3,394 3,460 4,715 Total members Pensioners 148,790 152,328 158,750 162,471 175,278 Income and expenses - (N$ 000) 2009 2010 Contributions received Savings Plan contributions Reinsurance Net contributions Claims 1,395,658 1,576,928 2011 20122013 1,757,893 2,002,120 2,315,575 4,316 87,206 69,443 76,393 83,552 28,532 29,273 24,108 12,009 20,245 1,362,810 1,460,449 1,664,342 1,913,718 2,211,778 1,175,708 1,215,848 1,440,207 1,707,675 1,962,359 Administration costs 106,100 121,370 135,537 161,447 187,831 Operational expenses 25,312 29,379 34,013 33,814 38,016 Managed Care: Management services 18,997 20,888 21,892 31,122 35,619 3,742 5,038 4,033 Consultant fees/professional fees Underwriting surplus - - 36,693 72,964 28,951 -25,378 -16,080 Other income 20,385 6,000 2,365 13,664 29,684 Investment income 25,274 47,281 45,326 72,325 95,526 82,352 126,245 76,642 60,611 Net Surplus 109,130 Statistics Statistics 2011 20122013 ASSETS Reinsurance deposits 110 2009 2010 111 Medical aid funds Medical aid funds Claims typology and quantum Investments 2009 2010 236,445 341,076 386,240 403,576 530,555 2,000 46,856 78,653 78,334 74,023 2009 2010 2011 20122013 Hospitals 322,381 441,531 568,224 575,315 672,287 Investments in Namibia General practitioners 160,593 157,668 211,576 177,910 188,903 Government & other stock/bonds Pharmacies/Medicine 189,746 184,183 254,449 254,091 322,767 Equities/shares 97,631 116,404 185,855 182,994 215,326 Unit trust schemes Specialists Auxiliary services 52,649 49,634 73,141 71,431 89,293 Fixed deposits and savings accounts Pathologists 49,967 52,589 64,337 71,371 79,853 Cash & equivalents (call accounts) Optometrists 39,755 31,533 61,750 45,183 65,149 Treasury bills Dentists 52,606 53,479 72,415 71,165 87,439 Loans stock investment Radiologists 38,204 44,274 55,516 62,831 70,418 Dental specialists 12,243 10,273 11,619 10,481 9,976 Investments outside Namibia Dental therapists 431 471 850 1,060 1,682 Cash outside Namibia Psychiatric institutions 636 1,246 2,121 2,605 3,135 Unit trusts schemes Optic payouts 17,902 9,958 1,680 5,150 2,425 Other 23,086 35,983 3,126 52,354 140,117 1,057,830 1,189,226 1,566,659 1,583,941 1,948,770 Total Statistics Property, plant & equipment Investments Current assets 112 Accounts receivable Cash & cash equivalents Total Assets FUNDS AND LIABILITIES 2009 2010 2011 20122013 113,192 147,648 6,000 - 130,306 - - - - 270,472 308,868 4,481 - 368,848 5,024 421,146 18,625 15,741 1,839 7,471 3,933 111,681 254,731 117,430 168,540 192,105 Bonds - - 35,535 23,877 17,352 - - 154,064 168,960 207,756 695,108 772,424 951,701 366,751 611,548 Percentage of Namibian assets to total assets 64.47% 55.77% 55.57% 52.25% 55.75% % Outside Namibia 35.53% 44.23% 44.43% 47.75% 44.25% % Unit trusts 38.13% 48.94% 25.73% 33.32% 33.66% % Cash 17.25% 15.93% 24.87% 28.24% 28.39% % Fixed deposits 8.89% 12.40% 8.47% 7.38% 11.89% 807,661 % Bonds 0.55% 7.66% 16.43% 13.23% 9.60% % Treasury bills 1.64% 0.00% 0.00% 0.58% 0.00% 142,335 182,598 Loans Stock Investment 0.00% 0.00% 0.00% 0.00% 0.53% 30,146 47,676 34,768 118,406 151,590 94,659 147,830 523,187 673,922 768,009 858,273 370,703 517,718 586,272 715,938 819,397 4,117 4,076 8,707 11,747 11,736 366,586 513,642 577,565 704,191 152,483 156,203 181,736 32,598 37,797 119,885 1,001,995 660,968 759,829 Accumulated funds 380,793 514,183 615,940 660,968 759,829 7,976 4,968 - - 134,416 154,771 152,069 197,305 242,166 Accounts payable (creditors) 26,760 27,089 71,720 49,671 77,032 Provision for outstanding claims/IBNR 98,829 120,844 65,412 125,234 139,508 8,827 6,838 14,840 19,801 23,372 97 2,599 2,254 56,985 125,779 24.50% 615,940 Total Funds and Liabilities 58,866 168,485 2.93% Savings plan liability(other liabilities) 75,806 155,948 28.07% 519,151 Provision for bad debt 32,600 157,796 2.70% 62,442 128,226 48.10% 388,769 Current liabilities 49,140 88,857 % Equities/shares Members’ funds Revaluation reserve - investments 18,781 61,455 - - 523,187 673,922 768,009 858,273 1,001,995 Statistics Non-current assets 17,894 44,572 Balance Sheet - (N$ 000) ASSETS 9,902 28,147 Equities/Shares Total investment Assets 2011 20122013 113 Retirement funds Unit trusts Income and expenses - (N$ million) Total Funds Under Management - (N$ million) 2009 2010 2009 2010 Build-up of Funds Contributions received 2,496 2,942 3,109 3,874 4,414 Net investment income 7,033 4,561 4,857 11,143 13,288 782 845 582 866 2,298 Capital appreciation Country allocation Insurance proceeds 67 68 81 92 93 Other income 43 38 39 37 11 Total Income 10,421 8,454 8,668 16,012 20,104 11,542 11,838 Offshore Total 131 147 161 262 Treasury bills 140 139 140 215 Negotiable certificates of deposit Insurance premiums 181 206 223 98 103 98 45 Total expenses 492 546 570 605 745 9,929 7,908 8,098 15,407 Net income before transfers and benefits 19,359 Banker’s acceptances Debentures 5,323 5,768 12,527 0 0 0 0 0 0 00 0 141 9,179 2,981 3,658 12 208 213 187 1,704 135 0 161 231 574 Unlisted property 10,470 5,563 4,855 5,594 0 0 0 0 0 139 586 269 447 757 Total Funds Under Management 24,859 25,991 27,526 32,106 37,267 Source of Funds - (N$ million) 2009 2010 Other assets 15,762 2,496 2,942 3,109 3,874 4,414 Net Income 7,033 4,561 4,857 11,143 13,288 Statistics 1,454 9,310 3,602 Unlisted equity 7,842 1,797 9,806 1,503 Unlisted debt 2,034 7,851 2,228 - 288 Net transfers and benefits paid 325 7,091 1,621 3,885 3,597 267 8,479 1,394 - 377 21,395 1,200 3,257 2,880 24,658 1,503 -374 23,152 Listed equity 2,704 2,330 22,182 Listed debt - 135 21,870 7,704 8,2005,037 2,720 2,585 27,526 32,10637,267 9,278 -1 16,559 3,705 4,296 2,088 2,087 25,991 14,301 565 1,0341,966 Notice, call and other deposits Benefits paid 24,859 346 Other Net transfers Net transfers and benefits paid 12,882 217 Asset allocation 110 177 Common monetary area 150 64 15,123 16,77118,742 Administration expenses 168 13,100 12,763 Money market investments: Other expenses 2011 20122013 Namibia Investment fees Statistics 2011 20122013 2011 20122013 Balance Sheet - (N$ million) 114 Pension funds Non-current assets Current assets Total assets Funds and reserves Current liabilities Total funds, reserves and liabilities 2009 2010 2011 20122013 53,681 62,960 68,306 84,434 103,997 2,189 943 1,172 1,323 1,270 55,870 63,903 69,478 85,757 53,175 62,696 68,365 84,659 103,886 2,695 1,207 1,113 1,098 1,381 55,870 63,903 69,478 85,757 105,267 1,255 1,281 1,230 1,511 2,388 Short-term insurance companies 16 67 146 198 182 Long-term insurance companies 599 687 723 1,101 1,259 35 35 9 46 49 Unit trust schemes 4,231 2,743 2,819 4,129 4,517 Companies 5,383 6,639 Medical aid funds Natural persons Other 105,267 Total 12,733 607 24,859 13,708 831 25,991 5,418 5,4138,292 16,044 17,817 19,096 1,137 1,8911,484 27,526 32,106 37,267 115 Investment management Capital markets Total Funds Under Management - (N$ million) Market Performance 2009 2010 Country allocation 2011 20122013 Namibia 39,214 45,509 46,386 55,086 Common monetary area 39,274 32,148 35,061 41,707 48,467 JSE All Share Index (points) 5,260 8,397 10,218 12,317 16,284 Overall value of equity securities traded (N$ m) 83,748 86,055 91,665 109,110 123,322 Offshore Total 58,571 Asset allocation Money market investments 30,356 30,331 34,006 35,280 Treasury bills 8,229 9,966 12,269 13,817 15,180 6,700 5,244 3,702 4,522 4,396 20122013 NSX overall index (points) 772 867 838 984 997 155 173 221 274 332 27,666 32,119 32,003 39,250 46,256 8,728 7,580 3,272 4,018 5,513 Local value of equity securities traded (N$ m) Total shares in issue (m) NSX local index Negotiable certificates of deposit Overall market capitalisation (N$ m) Local market capitalisation (N$ m) 184 134 103 508 352 24,862 25,985 23,361 26,357 27,228 1,644 1,644 1,651 998 1,515 1,047,527 1,178,257 1,148,879 1,357,247 1,407,654 7,126 7,782 9,304 11,057 18,729 343 216 99 111 116 Overall volume of securities traded (m) Banker’s acceptances - - - - - Local volume of securities traded (m) 18 31 11 40 29 Debentures 1 - 4 - - NSX overall index (points) 772 867 838 984 997 NSX local index (points) 155 173 221 274 332 Notice, call and other deposits Other 11,424 11,348 11,495 11,519 11,096 2,441 3,798 2,861 4,148 4,608 Listed equity 38,874 36,650 42,553 53,101 58,027 Listed debt 11,569 11,125 13,363 15,540 17,552 Unlisted equity 569 636 905 1,168 1,152 Unlisted debt 394 49 171 241 255 Unlisted property Other assets Total Funds Under Management 323 322 372 376 650 3,223 6,918 3,970 4,678 10,406 83,748 86,055 91,665 109,110 123,322 Nominal Debt Issued - (N$ 000) Central government 6,616 5,988 12,147 14,065 15,741 1,523 1,427 1,427 1,427 1,427 Banking institutions 1,126 1,186 1,070 1,633 1,909 Total Retirement funds 2009 2010 2011 20122013 49,220 47,574 50,977 62,400 71,551 Short-term insurance companies 566 686 783 770 373 Long-term insurance companies 11,712 12,822 13,757 16,133 18,796 193 288 321 320 320 19,522 22,333 22,878 26,183 28,409 Companies 387 406 532 524 808 Natural persons 596 5 9 25 46 Other 1,552 1,941 2,408 2,754 3,019 Total 83,748 86,055 91,665 109,110 123,322 Medical aid funds Unit trust schemes 2011 20122013 State-owned enterprises Corporate Source of Funds - (N$ million) 2009 2010 - 9,265 - 8,601 Debt Securities Traded - (N$ 000) 2009 2010 Central government State-owned enterprises Banking institutions Corporate Total - 14,644 - 17,125 19,077 2011 20122013 1,262 349 240 482 237 20 86 15 13 - 129 106 - 1,411 - 541 - - - - - 495 237 255 Statistics Statistics 28,795 2011 NSX local index (points) Total shares in issue (m) NSX overall index 116 2009 2010 117 Microlending Complaints Credit extension Number of received complaints by industry 2009 2010 2009 2010 2011 20122013 Loans outstanding (N$000) 2011 20122013 Micro-lending and credit agreements 140 239 169 204 167 Total loans 938,480 1,118,003 1,051,208 1,752,556 2,616,092 Long-term insurance 157 134 105 100 95 Term lenders 890,489 1,059,095 1,439,594 1,685,290 2,538,299 Short-term insurance 80 64 51 69 43 Payday lenders 47,991 58,908 61,614 67,266 77,793 Retirement funds 83 74 53 37 56 Collective investment schemes Loans disbursed (N$000) Capital markets 1 0 0 0 0 10 7 5 1 2 Total loans 907,652 1,094,327 1,483,754 1,586,460 2,261,550 Medical aid funds 6 3 3 5 3 Term lenders 505,344 606,992 956,645 1,079,030 1,640,765 Friendly societies 2 0 0 1 0 Payday lenders 402,308 487,335 527,109 507,430 620,785 Others Total 8 487 8 11 00 529 397 408366 Number of loans Total loans Term lenders Payday lenders 579,419 638,132 656,061 613,307 698,460 62,116 79,265 96,397 97,486 114,796 517,303 558,867 559,664 515,821 583,664 Average loan amount Term lenders (N$) 7,658 9,924 11,074 14,293 778 872 945 983 1,064 Microlending and credit agreements 106 238 163 204 166 Long-term insurance 113 125 101 99 91 Short-term insurance 62 57 50 69 40 Retirement funds 58 64 51 35 51 Collective investment schemes 1 0 0 0 0 Capital markets 9 7 4 1 2 Medical aid funds 5 3 3 5 3 Friendly societies 1 0 0 1 0 Others 7 7 11 00 Total 118 2011 20122013 362 501 Statistics Statistics Payday lenders (N$) 8,135 Number of resolved complaints by industry 2009 2010 383 405353 119 FINANCIAL STATEMENTS 120 CONTENTS Board’s responsibility for financial reporting 122 Board’s approval of the annual financial statements 122 Independent auditor’s report 123 Report of the Board 124 Statement of comprehensive income 125 Statement of financial position 126 Statement of changes in reserves 127 Statement of cash flows 128 Notes to the annual financial statements 129-153 Financial Statements Financial Statements FOR THE YEAR ENDED 31 MARCH 2014 121 The table below contain some statistics on penalties imposed on regulated entities per industry during the financial year 2013/14: Type of Institution Amount (N$) Long-term Insurance Companies (Intermediaries) 896,000 (0) Short-term Insurance Companies (Intermediaries) 134,000 (225,000) Medical Aid Funds - active - Pension Funds - active 1,543,520 Collective Investment Schemes - Investment Management - Microlenders - Stock Exchanges - Stock Brokers (exclude sponsors of SB) - Friendly Societies - Total 2,573,520 (225,000) INDEPENDENT AUDITOR’S REPORT TO THE BOARD OF THE NAMIBIA FINANCIAL INSTITUTIONS SUPERVISORY AUTHORITY We have audited the annual financial statements of the Namibia Financial Institutions Supervisory Authority (NAMFISA), which comprise of the statement of financial position as at 31 March 2014, and the statement of comprehensive income, statement of changes in reserves and the statement of cash flows for the year then ended, report of the Board and a summary of significant accounting policies and other explanatory notes as set out on pages 124-153. Board’s Responsibility for the Financial Statements 122 BOARD’S RESPONSIBILITY FOR FINANCIAL REPORTING Auditor’s Responsibility The Board of the Authority is responsible for the maintenance of adequate accounting records and the preparation and integrity of the financial statements and related information. The financial statements have been prepared in accordance with International Financial Reporting Standards. The Authority’s independent external auditors have audited the financial statements and their report appears on page 123. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with International Standards on Auditing. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. The Board is also responsible for the systems of internal control. These are designed to provide reasonable but not absolute assurance as to the reliability of the financial statements, and to adequately safeguard, verify and maintain accountability of assets, and to prevent and detect material misstatement and loss. The systems are implemented and monitored by experienced personnel with an appropriate segregation of authority and duties. Nothing has come to the attention of the Board to indicate that any material breakdown in the functioning of these controls, procedures and systems has occurred during the year under review. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgement, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. The annual financial statements are prepared on a going concern basis. Nothing has come to the attention of the Board to indicate that the Authority will not remain a going concern for the foreseeable future. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. BOARD’S APPROVAL OF THE ANNUAL FINANCIAL STATEMENTS Opinion The annual financial statements set out on pages 3 to 31 were approved by the Board and are signed on its behalf by: In our opinion, the financial statements present fairly, in all material respects, the financial position of the Namibia Financial Institutions Supervisory Authority as at 31 March 2014, and its financial performance and its cash flows for the year then ended in accordance with International Financial Reporting Standards and in the manner required by the Namibia Financial Institutions Supervisory Authority Act (No. 3 of 2001). Estelle Tjipuka Chairperson Gersom Katjimune Board member Deloitte & Touche Registered Accountants and Auditors Chartered Accountants (Namibia) Date Date Per: AA Akayombokwa Partner Windhoek 24 June 2014 Financial Statements Financial Statements The Board members are responsible for the preparation and fair presentation of these financial statements in accordance with International Financial Reporting Standards and in the manner required by the Namibia Financial Institutions Supervisory Authority Act (No. 3 of 2001), and for such internal control as the Board members determine is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. 123 for the year ended 31 March 2014 REPORT OF THE BOARD The Board of the Authority has pleasure in presenting their report on the activities of the Namibia Financial Institutions Supervisory Authority (NAMFISA) for the year ended 31 March 2014. Notes GENERAL REVIEW Revenue Investment income Other income NAMFISA was established by the Government of the Republic of Namibia on 14 May 2001 in terms of the Namibia Financial Institutions Supervisory Authority Act No. 3 of 2001. 2013 N$ 2 102 582 844 84 147 390 3 10 844 042 10 082 639 4 3 373 301 1 602 858 116 800 187 95 832 887 NAMFISA was established to exercise supervision over the businesses of financial institutions and over financial services, and to advise the Minister of Finance on matters related to financial institutions and financial services. Consumer education costs (651 952) (1 524 533) RESULTS Finance charges The financial results of NAMFISA are set out in the attached annual financial statements on pages 125-153. Depreciation and amortisation expense 7,8 (1 824 220) (1 234 752) 15.2 (1 021 000) (679 000) Inspection and enforcement costs (908 817) (485 455) Legal costs (721 899) (622 356) 6 (9 765 411) (6 609 047) Professional and consulting fees (6 120 529) (2 557 433) Office rental expenses Staff costs The following persons served as directors during the period: Board members Date of Term Ended Appointment Rick Kukuri Titus Ipumbu Heinrich Nashenda Chairperson (outgoing) Vice-Chairperson (outgoing) Member 1 November 2010 1 November 2010 1 November 2010 31 October 2013 31 October 2013 31 October 2013 Estelle Tjipuka Malverene Theron Chairperson (incoming) Member 1 November 2010 1 November 2010 31 October 2013 31 October 2013 Gersom Katjimune Bonifatius Konjore Simeon Amunkete Vice-Chairperson (incoming) Member Member 1 November 2013 1 November 2013 1 November 2013 Date of Re- appointment 6 (60 327 607) (48 965 732) Other operating costs (12 826 799) (10 637 595) Total Expenses (94 168 234) (73 315 903) INCOME FOR THE YEAR 22 631 953 22 516 984 Other comprehensive income: 1 November 2013 1 November 2013 During the year, the function of secretary to the Board of NAMFISA was performed by Cletius Simasiku whose business and postal addresses are set out below: Business address: Postal address: 8th floor, Sanlam Centre PO Box 21250 Independence Avenue Windhoek Windhoek, NamibiaNamibia FINANCIAL YEAR END The financial year end of NAMFISA is defined in the Act as 28 March of every year. The Board is of the view that the intention of the legislature was that the year end be 31 March and therefore, the financial statements have been prepared as of 31 March. OTHER MATTERS As is public record, NAMFISA is a co-defendant in a case brought against the Authority by Alwyn Petrus van Straten N.O. and others on 12 March 2012 claiming a total amount of N$105 million. NAMFISA filed Exceptions to the Particulars of Claim prior to 31 March 2013. The Exceptions were heard on 8 October 2013 and were upheld in terms of the judgement and order of 31 January 2014. The Plaintiffs filed an Appeal against the judgement and order. At the date of issue of the financial statements the Appeal was still pending and although it has technically lapsed, the Plaintiffs may still apply for condonation and reinstatement. The High Court must still formally dismiss the claim should the Plaintiffs not proceed with the appeal. NAMFISA intends to continue contesting the claim and to apply for its dismissal. SUBSEQUENT EVENTS The Board of the Authority is not aware of any fact or circumstance, which occurred between end of the financial year and the date of this report, which might influence an assessment of the Authority’s affairs. Actuarial gain / (loss) – Post-retirement medical aid 15.2 1 605 000 (949 000) Actuarial gain / (loss) – Severance 15.2 93 000 (98 000) TOTAL COMPREHENSIVE INCOME FOR THE YEAR 24 329 953 21 469 984 Financial Statements Financial Statements 2014 N$ Total Income DIRECTORS AND SECRETARY 124 for the year ended 31 March 2014 STATEMENT OF COMPREHENSIVE INCOME 125 for the year ended 31 March 2014 STATEMENT OF FINANCIAL POSITION Notes ASSETS 2014 N$ 2013 N$ 4 022 290 3 417 003 Non-current assets STATEMENT OF CHANGES IN RESERVES for the year ended 31 March 2014 Accumulated income N$ Balance at 1 April 2012 174 176 525 Equipment 7 Intangible assets 8 3 809 673 4 340 104 Total comprehensive income for the year 21 469 984 Other financial assets 9 88 766 403 77 364 843 Balance at 31 March 2013 195 646 509 Total non-current assets 96 598 366 85 121 950 Total comprehensive income for the year 24 329 953 Balance at 31 March 2014 219 976 462 Current assets Accounts receivable Other financial assets 10 34 209 424 31 524 217 9 82 844 975 61 337 268 11 34 084 736 39 125 173 Total current assets TOTAL ASSETS 151 139 135 247 737 501 131 986 658 217 108 608 219 976 462 195 646 509 15.2 11 299 149 10 820 149 Accounts payable 12 16 455 790 7 943 124 Deferred income 13 6 100 2 698 826 Total current liabilities 16 461 890 10 641 950 TOTAL EQUITY AND LIABILITIES 247 737 501 217 108 608 Cash and cash equivalents EQUITY AND LIABILITIES Accumulated income Non-current liabilities 126 Current liabilities Financial Statements Financial Statements Post-retirement benefit obligations 127 for the year ended 31 March 2014 STATEMENT OF CASH FLOWS Notes 2014 N$ 2013 N$ Cash received from financial institutions 102 331 787 84 559 421 Cash paid to suppliers and employees (83 383 649) (67 975 076) Net cash generated by operating activities 19 18 948 138 16 584 345 7 (1 857 757) (408 498) Proceeds on disposal of equipment 25 694 21 170 Cash flows from operating activities Cash flows from investing activities Acquisition of equipment Acquisition of intangible assets 8 (91 287) (374 579) Interest received 3 6 442 232 6 404 723 Dividends received 3 4 401 810 3 677 916 Increase in investments (32 909 267) (23 922 850) Net cash used in investing activities (23 988 575) (14 602 118) 128 Proceeds from SIDA 13 - 1 996 879 Pre-paid levies 13 - 183 262 Net cash generated in financing activities - 2 180 141 Net increase in cash and cash equivalents (5 040 437) 4 162 368 Cash and cash equivalents at beginning of the year Cash and cash equivalents at end of the year 11 39 125 173 34 962 805 34 084 736 39 125 173 for the year ended 31 March 2014 1. ACCOUNTING POLICIES The annual financial statements are prepared in accordance with and comply with International Financial Reporting Standards (IFRS) adopted by the International Accounting Standards Board (IASB), and interpretations issued by the International Financial Reporting Interpretations Committee (IFRIC) of the IASB. The annual financial statements are prepared on the historical cost basis except that the following assets and liabilities are stated at their fair value: • Financial assets and financial liabilities classified as held for trading; • Financial assets and financial liabilities designated at their fair value through profit or loss; and • Financial assets classified as available-for-sale. Non-current assets held for sale are stated at the lower of its carrying amount and fair value less costs to sell. The accounting policies set out below have been applied consistently to all periods presented in these financial statements, except for the new policy adopted on distributable reserves. In the preparation of the financial statements, NAMFISA has recorded various assets and liabilities on the presumption that NAMFISA is a going concern. 1.1. Adoption of new and revised standards NAMFISA has adopted all of the new and revised Standards and Interpretations issued by the International Accounting Standards Board (IASB) and the International Financial Reporting interpretations Committee (the IFRIC) of the IASI that are relevant to its operation and effective for annual periods beginning 1 April 2013. However, the adoption of the Standards and Interpretations did not result in any material adjustments to the reported figures. New/Revised International Financial Reporting Standards IFRS 1 First-time Adoption of International Financial Reporting Standards Effective for annual periods beginning on or after Financial Statements Financial Statements Cash flows from financing activities NOTES TO THE ANNUAL FINANCIAL STATEMENTS 1 January 2013 – Amendments resulting from Annual Improvements 2009-2011 Cycle (repeat application, borrowing costs) IFRS 7 Financial Instruments: Disclosures – Amendments enhancing disclosures about offsetting of financial assets and financial liabilities IFRS 13 Fair Value Measurement 1 January 2013 IAS 1 Presentation of Financial Statements 1 January 2013 – Amendments resulting from Annual Improvements 2009- 2011 Cycle (comparative information) IAS 16 Property, Plant and Equipment – Amendments resulting from Annual Improvements 2009- 2011 Cycle (servicing equipment) IAS19 Employee Benefits – Amended Standard resulting from the Post-Employment Benefits and Termination Benefits projects 129 1 January 2013 1 January 2013 1 January 2013 A reliable estimate of the impact of the adoption of the recent amendments on the Authority’s Financial Statements cannot yet be determined. The Authority anticipates that the adoption of the recent standards and interpretations have no material impact on the financial statements in future periods, except for disclosure to the financial statements. NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) for the year ended 31 March 2014 1. ACCOUNTING POLICIES (CONTINUED) 1.3. Equipment The following table contains International Financial Reporting Standards and International Accounting Standards recently issued, but not yet effective, which have not been early adopted by the Authority and that might affect future financial periods: New/Revised International Financial Reporting Standards Effective for annual periods beginning on or after IFRS 7 Financial Instruments: Disclosures 1 January 2015 – Amendments requiring disclosure about the initial application of IFRS 9 IFRS 9 Financial Instruments – Deferral of mandatory effective date of IFRS 9 and amendments to transition disclosure IFRS 9 Financial Instruments – Classification and Measurement IFRS 9 Financial Instruments – Accounting for financial liabilities and derecognition IFRS 13 Fair Value Measurement – Amendments resulting from Annual Improvements 2011-2013 Cycle IAS 19 Employee Benefits – Amended to clarify the requirement that relate to how contributions from employees or third parties that are linked to service should be attributed to periods of services IAS 24 Related Party Disclosures – Amendments resulting from Annual Improvements 2010-2012 Cycle (management entities) IAS 32 Financial Instruments: Presentation – Amendments to application guidance on the offsetting of financial assets and financial liabilities IAS 36 Amendments arising from Recoverable Amount Disclosure for Non-Financial Assets 1 January 2017 1 January 2017 1 January 2017 1 July 2014 1 July 2014 Equipment is stated at cost, less accumulated depreciation. Depreciation is calculated on cost, less residual value over the estimated useful lives of the assets using straight line method. The residual value and the useful life of each asset are reviewed at each financial period end. Each part of an item of equipment with a cost that is significant in relation to the total cost of the item shall be depreciated separately. The depreciation charge for each period is recognised in profit or loss unless it is included in the carrying amount of another asset. The gain or loss arising from derecognition of an item of equipment is included in profit or loss when the item is derecognised. The gain or loss arising from derecognition of an item of equipment is determined as the difference between the net disposal proceeds, if any, and the carrying amount of the item. The depreciation rates applicable are as follows: Computer equipment Office equipment Furniture and fittings Motor vehicles 3 – 10 years 3 – 10 years 10 years 5 – 7 years 1.4. Intangible assets NAMFISA carries capitalised software assets at cost less amortisation and any impairment losses. The Authority amortises these assets on a straight line basis at a rate applicable to the expected useful life of the asset, but not exceeding ten years. 1.5. Cash and cash equivalents 1 July 2014 Cash and cash equivalents comprise cash on hand, bank balances and demand deposits, and other short-term highly liquid investments that are readily convertible to a known amount of cash and are subject to an insignificant risk of changes in value. 1 January 2014 1.6. Retirement benefits 1 January 2014 1.2. Revenue Revenue comprises levies, registration and licence fees charged to financial institutions. The revenue is recognised when the levies and fees become due in terms of NAMFISA regulations. Interest income is accrued on an apportionment basis, with reference to the principal outstanding using the effective interest method. Dividend is recognised when NAMFISA’s right to receive payment is established. Contributions to NAMFISA’s provident fund are calculated so as to provide funding at a constant percentage of pensionable remuneration. Contributions are therefore charged to income as incurred. 1.7. Financial instruments Initial measurement Financial assets and financial liabilities are recognised on NAMFISA’s statement of financial position when the entity has become a party to the contractual provisions of the instrument. Financial instruments carried on the statement of financial position include cash and cash equivalents, accounts receivable, accounts payable and investments. Subsequent measurement Fair values and the recognition methods of the different financial instruments are disclosed in the notes to the annual financial statements. Fair value represents an approximation of the year end value, which may differ from the value that will be finally realised. Held-to-Maturity Financial assets Held-to-maturity investments are financial assets with fixed determinable payments and fixed maturity that the Authority has the positive intent and ability to hold to maturity. Held-to-maturity investments are measured at amortised cost using effective interest method less any impairment, with revenue recognised on an effective yield. Investments are classified as financial assets in terms of IAS39: Financial Instruments – Recognition and Measurements. Investments are classified as Held-To-Maturity assets (HTM), Financial Assets at Fair Value Through Profit and Loss (FVTPL) and Available For Sale (AFS). Held-To-Maturity investments are financial assets with fixed or determinable payments and fixed maturity that NAMFISA has the intent and ability to hold to maturity. Such investments are measured at amortised cost using the effective interest rate method, less any impairment. Financial Statements Financial Statements for the year ended 31 March 2014 1. ACCOUNTING POLICIES (CONTINUED) 1.1. Adoption of new and revised standards (continued) 130 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) 131 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) for the year ended 31 March 2014 1. ACCOUNTING POLICIES (CONTINUED) 1.7. Financial instruments (continued) 1.7. Financial instruments (continued) Subsequent measurement (continued) Available-for-Sale Financial assets Unlisted shares and listed redeemable notes are investments held by the Authority that are traded in the active market and classified as being Available-for-Sale and are stated at fair value. Fair value is determined in the manner described in note 21.9. Gains and losses arising from changes in the fair value are recognised directly in profit and loss. Dividends on Available-for-Sale equity instruments are recognised in profit or loss when the Authority’s right to receive the dividends is established. Subsequent measurement (continued) The carrying amount of the financial asset is reduced by the impairment loss directly for all financial assets with the exception of trade receivables, where the carrying amount is reduced through the use of an allowance account. When a trade receivable is considered uncollectible, it is written off against the allowance account. Subsequent recoveries of amounts previously written off are recognised in profit or loss. A financial asset is classified as held for trading if: • It has been acquired principally for the purpose of selling in the near future; or • It is a derivative that is not designated and effective as a hedging instrument. A financial asset other than a financial asset held for trading may be designated as at fair value through profit and loss upon initial recognition if: • Such designation eliminates or significantly reduces a measurement or recognition inconsistency that would otherwise arise; or • It forms part of a contract containing one or more embedded derivatives, and IAS 39 Financial Instruments: Recognition and Measurement permits the entire combined contract (asset or liability) to be designated as at fair value through profit and loss. Financial assets at fair value through profit and loss are stated at fair value, with any resultant gain or loss recognised in profit or loss. The net gain or loss recognised in profit or loss incorporates any dividend or interest earned in the financial asset. Fair value is determined in the manner described in note 21.9. Loans and receivables Trade receivables, loans, and other receivables that have fixed or determinable payments that are not quoted in an active market are classified as loans and receivables. Loans and receivables are measured at amortised cost using the effective interest method, less any impairment. Interest income is recognised by applying the effective interest rate, except for short-term receivables when the recognition of interest would be immaterial. Impairment of financial assets Financial assets, other than those at fair value through profit and loss, are assessed for indicators of impairment at each reporting date. Financial assets are impaired where there is objective evidence that, as a result of one or more events that occurred after the initial recognition of the financial asset, the estimated future cash flows of the investment have been impacted. For unlisted shares classified as Available for Sale, a significant or prolonged decline in the fair value of the security below its cost is considered to be objective evidence of impairment. For all other financial assets, objective evidence of impairment include: • Significant financial difficulty of the issuer or counterparty; • Default or delinquency in interest or principal payments; or • It becoming probable that the borrower will enter bankruptcy or financial reorganisation. For certain categories of financial assets, such as trade receivables, assets are assessed for impairment on an individual basis. Objective evidence of impairment for a portfolio of receivables could include the Authority’s past experience of collecting payments, and increase in the number of delayed payments in the portfolio past the average credit period of 30 days, as well as observable changes in national or local economic conditions that correlate with default on receivables. For financial assets carried at amortised cost, the amount of the impairment is the difference between the asset’s carrying amount and the present value of the estimated future cash flows, discounted at the financial asset’s original effective interest rate. With the exception of available for sale equity instruments, if in a subsequent period, the amount of the impairment loss decreases and the decrease can be related objectively to an event occurring after the impairment was recognised, the previously recognised impairment loss is reversed through profit or loss to the extent that the carrying amount of the investment at the date the impairment reversed does not exceed what the amortised cost would have been had the impairment not been recognised. In respect of available for sale equity securities, impairment losses previously recognised through profit or loss are not reversed through profit or loss. Any increase in fair value subsequent to an impairment loss is recognised directly in equity. Financial liabilities at fair value through profit and loss (FVTPL) Financial liabilities are classified as at FVTPL when the financial liability is either held for trading or it is designated as at FVTPL. The Authority only has financial liabilities as held for trading under this category. A financial liability is classified as held for trading if: • It has been incurred principally for the purpose of repurchasing in the near future; or • It is a derivative that is not designated and effective as a hedging instrument. Financial liabilities at FVTPL are stated at fair value, with any resultant gain or loss recognised in profit or loss. The net gain or loss recognised in profit or loss incorporates any interest paid on the financial liability. Trade and other payables Trade and other payables are initially measured at fair value, and are subsequently measured at amortised cost, using the effective interest rate method. Bank overdrafts and other short-term borrowings Interest-bearing bank overdrafts and other short-term borrowings are recorded at the proceeds received, net of direct issue costs. Offsetting financial instruments and related income Financial assets and liabilities are offset and the net amount reported in the statement of financial position only when there is a legally enforceable right to offset and intention to settle either on a net basis or to realise the asset and settle the liability simultaneously. Derecognition NAMFISA derecognises a financial asset when: • The contractual rights to the cash flows arising from the financial assets have expired or been forfeited by NAMFISA; • It transfers the financial assets, including substantially all the risks and rewards of ownership of the assets; or • It transfers the financial asset, neither retaining nor transferring substantially all the risks and rewards of ownership of the asset, but no longer retains control of the asset. A financial liability is derecognised when, and only when the liability is extinguished, that is, when the obligation specified in the contract is discharged, cancelled or has expired. Financial Statements Financial Statements for the year ended 31 March 2014 1. ACCOUNTING POLICIES (CONTINUED) Fair-Value-through-Profit-and-Loss Financial assets Financial assets are classified as at Fair-Value-through-Profit-and-Loss where the financial asset is either held for trading or it is designated as at fair value through profit and loss. 132 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) 133 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) for the year ended 31 March 2014 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) for the year ended 31 March 2014 1. ACCOUNTING POLICIES (CONTINUED) 1. ACCOUNTING POLICIES (CONTINUED) 1.8. Impairment of tangible and intangible assets 1.10. Provisions At each reporting date, NAMFISA reviews the carrying amounts of its tangible and intangible assets to determine whether there is any indication that those assets may be impaired. If any such indication exists, the recoverable amount of the asset is estimated in order to determine the extent of the impairment loss, if any. Provisions are recognised when NAMFISA has a present obligation as a result of a past event and it is probable that this will result in an outflow of economic benefits that can be reliably estimated. The recoverable amount is the higher of fair value less costs to sell and value in use. In assessing the value in use, the estimated future cash flows are discounted to their present value using a discount rate that reflects current market assessments of the time value of money and the risks specific to the asset. If the recoverable amount of an asset is estimated to be less than its carrying amount, the carrying amount of the asset is reduced to its recoverable amount. An impairment loss is recognised immediately in profit and loss, unless the relevant asset is carried at a revalued amount, in which case the impairment loss is treated as a revaluation decrease. Where an impairment loss subsequently reverses, the carrying amount of the asset is increased to the revised estimate of its recoverable amount, but so that the increased carrying amount does not exceed the carrying amount that would have been determined had no impairment loss been recognised for the asset in prior years. A reversal of an impairment loss is recognised immediately in profit and loss, unless the relevant asset is carried at the revalued amount, in which case the reversal of the impairment loss is treated as a revaluation increase. The amount of a provision is the present value of the expenditure expected to be required to settle the obligation. Where some or all of the expenditure required to settle a provision is expected to be reimbursed by another party, the reimbursement shall be recognised when, and only when, it is virtually certain that reimbursement will be received if the entity settles the obligation. The reimbursement shall be treated as a separate asset. The amount recognised for the reimbursement shall not exceed the amount of the provision. 1.11. Leases Operating leases Rentals payable under operating leases are charged to income on a straight-line basis over the relevant period. Any contingent rents are expensed in the period they are incurred. 134 Medical benefits NAMFISA provides for post-retirement medical benefits in the form of a medical aid scheme for eligible employees and pensioners. The cost of providing benefits is determined using the Projected Unit Credit Method prescribed by IAS19 Employee Benefits. The liability for NAMFISA’s contribution to the scheme is in respect of current and future periods, provided for by means of a liability on the statement of financial position. The magnitude of the liability is based on an actuarial valuation. Actuarial gains and losses on the post-retirement medical benefits are accounted for in the year in which they arise. The amount recognised in the statement of financial position represents the present value of the defined benefit obligation as adjusted for unrecognised actuarial gains and losses and unrecognised past service costs, and reduces by the fair value of plan assets. Severance pay In accordance with the Namibian Labour Act of 2007, severance benefits are payable to an employee, if: a) The employee is dismissed; b) Dies while employed; or c) Resigns or retires on reaching the age of 65. The obligation for severance benefits to current employees is actuarially determined in respect of all its employees and is provided for in full. The cost of providing benefits is determined using the Projected Unit Credit Method, prescribed by IAS 19 Employee Benefits, with actuarial valuations being carried out at each reporting date. Actuarial gains and losses on severance pay are accounted for in the year in which they arise. The amount of the liability is based on the actuarial valuation as at 31 March 2014. The amount recognised in the statement of financial position represents the fair value of the severance pay obligation adjusted for unrecognised actuarial gains and losses. 1.12. Critical accounting estimates and judgements in applying accounting policies NAMFISA makes estimates and assumptions that affect the reported amounts of assets and liabilities within the next financial year. Estimates and judgements are continually evaluated and are based on historical experience and other factors, including expectations of future events that are believed to be reasonable under the circumstances. The key assumptions concerning the future and other key sources of estimation uncertainty at the reporting date that have a significant risk of causing a material adjustment to the carrying amounts of assets and liabilities within the next financial year, are discussed in note 18 to the financial statements. Post-retirement medical aid benefits are provided for certain existing and former employees. Actuarial valuations are based on assumptions which include employee turnover, mortality rates, the discount rate, healthcare inflation cost and rates or increase in compensation costs. Provisions were raised and management determined an estimate based on the information available. Additional disclosures of these estimates are included in note 15 – Post retirement benefit obligations. Financial Statements Financial Statements 1.9. Post-retirement benefits 135 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) for the year ended 31 March 2014 2. REVENUE An analysis of the Authority’s revenue for the year is as follows: 2014 N$ 2013 N$ Levies 102 358 579 83 840 810 - Office equipment Income for the year is derived after taking into account the following items: 20142013 N$ N$ Office rental expenses: 334 590 309 748 Registration and licence fees 224 265 306 580 - Parking 794 381 618 158 102 582 844 84 147 390 - Offices 8 636 440 5 681 141 9 765 411 6 609 047 Unit trusts 14 854 010 11 947 028 Staff costs: Asset management 17 948 884 14 633 562 - Salaries and bonuses 34 884 258 28 238 868 Stock brokers 2 283 975 2 067 309 - Housing and transport allowances 10 809 113 8 826 783 Short-term insurance 24 893 727 23 303 723 - Defined contribution pension plan 5 569 684 4 419 177 Long-term insurance 15 638 011 12 104 937 - Other pension funds 110 942 100 723 Pension funds 3 249 110 3 326 457 - Defined benefit medical aid plan 1 104 000 953 000 Medical aid funds and friendly societies 893 280 844 348 - Other medical aid costs 2 316 957 1 898 371 Micrlending 22 597 582 15 613 446 - Training and development 2 196 697 1 348 476 102 358 579 83 840 810 - Other staff costs 3 335 956 3 180 334 60 327 607 48 965 732 3. INVESTMENT INCOME Other operating expenses which includes the following: 2014 N$ 2013 N$ Interest received - Held-to-maturity investments 4 666 600 4 042 196 - Bank deposits 1 775 632 2 362 527 6 442 232 6 404 723 12 826 799 10 637 595 Audit fees External auditor fees - audit 425 261 397 440 External auditor fees - other audit services 53 572 - 478 833 397 440 (Profit) / Loss on disposal of equipment and intangible assets 24 274 (5 483) Financial Statements Financial Statements for the year ended 31 March 2014 6. INCOME FOR THE YEAR Levies per industry segment Board member’s emoluments – for services as Board members: Dividend received 136 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) - Unit trusts 4 401 810 3 677 916 10 844 042 10 082 639 Rick Kukuri Chairperson (outgoing) 150 512 171 726 Titus Ipumbu Vice-Chairperson (outgoing) 77 742 115 979 Heinrich Nashenda 61 485 122 023 Chairperson (incoming) 141 609 114 105 4. OTHER INCOME Estelle Tjipuka Malverene Theron 74 359 118 213 2014 N$ 2013 N$ Gersom Katjimune Vice-Chairperson (incoming) 60 339 - Bonifatius Konjore 51 939 - Interest on late payments 436 466 1 116 421 Simeon Amunkete 80 765 - Rules amendment and penalty fees 2 800 295 427 214 698 750 642 046 Other income 136 540 59 223 3 373 301 1 602 858 5. INCOME TAX The Authority is exempt from income taxes in terms of section 16(1) (e) of the Income Tax Act, No 24 of 1981. Doubtful debts impairment 963 425 1 046 133 Information and Communication Technology 3 200 783 2 328 554 Stakeholder Engagement 1 566 684 1 536 271 Regulatory seminars 1 396 277 1 152 394 Social responsibility 1 237 521 709 724 Subscriptions and membership fees 801 222 515 397 137 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) for the year ended 31 March 2014 7. EQUIPMENT NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) 8. INTANGIBLE ASSETS Motor vehicles N$ Furniture and fittings N$ Office equipment N$ Computer equipment N$ Total N$ Computer Software Cost At 1 April 2012 Additions Cost At 1 April 2012 Disposals 982 641 2 259 175 562 910 2 561 295 6 366 021 At 31 March 2013 5 095 173 374 579 5 469 752 Additions - 226 982 44 279 137 237 408 498 Additions 91 287 - (24 255) - - (24 255) Disposals - At 31 March 2013 982 641 2 461 902 607 189 2 698 532 6 750 264 At 31 March 2014 5 561 039 Additions - 357 643 55 624 1 444 490 1 857 757 Disposals - (53 295) (71 975) (117 720) (242 990) Amortisation At 31 March 2014 982 641 2 766 250 590 838 4 025 302 8 365 031 At 1 April 2012 637 303 Charge for the year 492 345 Accumulated depreciation Eliminated on disposal 24 907 711 596 402 570 1 460 350 2 599 423 196 528 221 809 (6 018) 330 088 742 407 At 31 March 2013 Charge for the year Depreciation for the year Eliminated on disposal Disposals - (8 569) - - (8 569) At 31 March 2013 221 435 924 836 396 552 1 790 438 3 333 261 At 31 March 2014 Depreciation for the year 185 833 343 165 105 468 568 036 1 202 502 Carrying amount 1 129 648 621 718 1 751 366 Disposals - (37 150) (67 371) (88 501) (193 022) At 31 March 2013 4 340 104 At 31 March 2014 407 268 1 230 851 434 649 2 269 973 4 342 741 At 31 March 2014 3 809 673 Carrying amount At 31 March 2013 761 206 1 537 066 210 637 908 094 3 417 003 At 31 March 2014 575 373 1 535 399 156 189 1 755 329 4 022 290 138 Financial Statements Financial Statements N$ Disposals At 1 April 2012 for the year ended 31 March 2014 139 During the year, NAMFISA reviewed the useful lives of all items used for the purposes of depreciation calculations. The review indicated that the useful lives of certain items of equipment needed to be extended. The financial effect of this extension in useful lives is stated in note 18.3. The carrying value of equipment is assessed on an annual basis. NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) for the year ended 31 March 2014 9. OTHER FINANCIAL ASSETS 10. ACCOUNTS RECEIVABLE 2014 N$ Held-to-maturity investments carried at amortised cost Current Non-current 2013 2014 2013 N$ N$ N$ Fixed deposits 56 360 410 - - 82 844 975 Treasury Bills - 4 976 858 - - 82 844 975 61 337 268 - - Available-for-sale investments carried at fair value Unit trusts - opening balance - 77 364 843 2014 N$ 2013 N$ Gross levies receivable 46 179 537 42 704 692 Allowance for doubtful debts (14 567 528) (13 620 053) Net levies receivable 31 612 009 29 084 639 Pre-paid expenses 1 649 955 1 723 032 Staff advances – study loans 947 460 716 546 Total 34 209 424 31 524 217 57 636 927 - Invested - - 15 000 000 21 050 000 - - (8 000 250) (5 000 000) - Dividends received - - 4 401 810 3 677 916 - Fair value - - 88 766 403 77 364 843 82 844 975 61 337 268 88 766 403 77 364 843 Unit trusts are classified as non-current financial assets as it is the intention of the Authority to retain these investments for the foreseeable future extending over more than 1 year. Movement in allowance for doubtful debts Balance at 1 April 2012 Capital Life Short-term Markets Insurance Insurance Micro- lenders Pension Funds Medical Aid Funds Carrying Amount 287 548 8 774 588 1 745 837 1 011 436 812 853 38 384 12 670 646 (11 022) 1 458 610 201 985 (413 080) (194 972) 961 1 042 482 Impairment losses recognised Amounts written off as uncollectable Balance at 31 March 2013 - (59 575) - (7 414) (26 086) - (93 075) 276 526 10 173 623 1 947 822 590 942 591 795 39 345 13 620 053 28 614 500 501 (34 523) (51 182) 507 468 12 547 963 425 Impairment losses recognised Financial Statements Financial Statements - - Withdrawal for the year ended 31 March 2014 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) Amounts written off as 140 uncollectable (10 975) - (4 514) - (461) - (15 950) Balance at 31 March 2014 294 165 10 674 124 1 908 785 539 760 1 098 802 51 892 14 567 528 Of the allowance for doubtful debt amount for the life insurance industry, an amount of N$10 674 124 (2013: N$10 173 623) relates to agents and brokers. 141 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) for the year ended 31 March 2014 10. ACCOUNTS RECEIVABLE (CONTINUED) Ageing of past due but not impaired 2014 N$ 2013 N$ Capital markets 150 991 - Collective investments 50 - Life insurance 3 559 421 - Pension funds 523 759 146 431 Medical aid funds and friendly societies 35 250 40 251 Microlenders 246 335 - Short-term insurance 113 959 - 4 629 765 186 682 2014 N$ 2013 N$ Swedish International Development Cooperation Agency (SIDA) - 1 996 879 Pre-paid levies 6 100 701 947 6 100 2 698 826 NAMFISA entered into a partner-driven cooperation agreement through SIDA with a Finansinspektionen in Sweden. In terms of this agreement, SIDA will contribute to the funding of a project aimed at enabling and improving NAMFISA in its development work into a modern supervisory authority for risk-based supervision. Technical assistance by an international expert is needed in regard to the Authority’s role for the safeguarding, development and deepening of the financial sector in Namibia. The project is fully supported by the Ministry of Finance, the Bank of Namibia and the Swedish Riksbank. The project duration is from November 2012 till March 2014. 14. OPERATING LEASE COMMITMENTS Ageing of impaired receivables More than 180 days: Capital markets 294 165 276 527 Life insurance 10 674 124 10 173 623 Short-term insurance 1 908 786 1 947 822 Microlenders 539 759 590 941 Pension funds 1 098 802 591 795 Medical aid funds and friendly societies 51 892 39 345 14 567 528 13 620 053 Due to the short-term nature of accounts receivable, the fair value approximates its book value. Operating leases relate to office facilities with a lease term of three to four years. 2014 N$ 2013 N$ Office buildings: Within one year 7 061 566 5 038 284 In the second to fifth years 12 693 345 104 952 19 754 911 5 143 236 Within one year 891 427 127 559 In the second to fifth years 1 271 438 125 936 After five years - 31 392 Office equipment: 11. CASH AND CASH EQUIVALENTS 2014 N$ 2013 N$ Cash and bank balances 30 304 437 37 127 988 Funds received from SIDA 3 780 299 1 997 185 34 084 736 39 125 173 12. ACCOUNTS PAYABLE 2014 N$ 2013 N$ Unallocated deposits 514 175 76 766 Accrued staff costs 4 070 896 2 361 826 Payables and other accruals 5 621 606 1 890 570 Audit fees 254 709 285 378 Staff benefits - Leave 3 906 727 3 328 584 Swedish International Development Cooperation Agency (SIDA) 2 087 677 - 16 455 790 7 943 124 2 162 865 284 887 21 917 776 5 428 123 Current 57 244 175 669 Non-current 1 644 306 (3 883) 1 701 550 171 786 In respect of non-cancellable operating leases the following (assets) / liabilities have been raised: The fair value of the operating lease liabilities is approximately equal to their carrying amount. Financial Statements Financial Statements for the year ended 31 March 2014 13. DEFERRED INCOME More than 180 days: 142 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) 143 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) for the year ended 31 March 2014 15. RETIREMENT BENEFIT PLANS 15. RETIREMENT BENEFIT PLANS (CONTINUED) 15.1. Defined contribution provident benefits 15.2. Post-retirement benefits obligations (continued) The Authority established the NAMFISA Provident Fund on 1 April 2007. The Fund is a defined contribution fund for all qualifying employees. The total expense recognised in the statement of comprehensive income represents the contributions payable to the Fund at the rate of 16% of pensionable remuneration. Employees contribute to the Fund at a rate of 7% of pensionable remuneration. The fund was last valued as at 31 March 2013 and was found to be sound. Sensitivity Analysis: The effect of 1% movement in the assumed health cost rate is as follows: The total value of the contributions to the pension fund during the year amounted to: 2014 N$ 2013 N$ Employer contributions 5 569 684 4 419 177 Employee contributions 2 436 737 1 933 390 Total contributions for the period 8 006 421 6 352 567 At 31 March 2014 -1% Medical inflation Valuation assumption +1% Medical inflation -Effect on defined benefit obligation 8 952 000 11 057 149 13 800 000 -Effect on current service cost and interest cost 1 481 000 1 869 000 2 378 000 -Effect on defined benefit obligation 8 268 000 10 559 149 13 683 000 -Effect on current service cost and interest cost 1 738 000 2 257 000 2 971 000 Discount rate 8.89% 9.50% At 31 March 2013 2014 N$ 2013 N$ Post-retirement medical aid benefits 11 057 149 10 559 149 Severance pay 242 000 261 000 11 299 149 10 820 149 Post-retirement medical aid benefits NAMFISA provides post-retirement medical aid benefits to all qualifying staff members appointed before August 2009. An actuarial valuation has been performed at 31 March 2014 to determine the present value of the employer’s subsidy towards the postemployment medical scheme of current and future pensioners of NAMFISA. A provision for the liability has been created which covers the total liability, i.e. the accumulated post-retirement medical benefits at fair value. The present value of the obligation and the related current service cost and past service cost was measured using the projected unit credit method. For the period under review, the current service cost and interest is accounted for as reflected in the actuarial valuation done at 31 March 2014. 2014 N$ 2013 N$ Net liability at beginning of the year 10 559 149 7 989 149 Service cost 1 258 000 1 070 000 Interest cost 999 000 668 000 Actuarial (gain) / loss (1 605 000) 949 000 Subsidies paid (154 000) (117 000) Net liability recognised in the statement of financial position 11 057 149 10 559 149 2014 N$ 2013 N$ The amounts recognised in the statement of financial position are as follows: The amounts recognised in the statement of comprehensive Medical inflation rates 8.74% 8.90% Valuation date 31/03/2014 31/03/2013 Current service and interest cost in the analysis are based on the valuation assumption for the year following the valuation date. Present value of obligation: 2014 11 057 149 - 2013 10 559 149 10 559 149 2012 7 989 149 7 989 149 2011 6 111 149 6 111 149 Severance pay In accordance with the Namibian Labour Act of 2007, NAMFISA has an obligation to provide for severance pay benefits to all staff members. An actuarial valuation has been performed at 31 March 2014 to determine the present value of the employer’s obligation in terms of severance benefits towards current employees of NAMFISA. A provision for the liability has been created which covers the total liability, i.e. accrued severance pay obligation at fair value. The present value of the obligation and the related current service cost and past service cost was measured using the projected unit credit method. For the period under review, the current service cost and interest is accounted for as reflected in the actuarial valuation done at 31 March 2014. 2014 N$ 2013 N$ Net liability at beginning of the year 261 000 126 000 Service cost 52 000 26 000 Interest cost 22 000 11 000 Actuarial (gain) / loss (93 000) 98 000 Net liability recognised in the statement of financial position 242 000 261 000 Current service cost 52 000 26 000 Interest on obligation 22 000 11 000 The amounts recognised in the statement of financial position are as follows: The amounts recognised in the statement of comprehensive income are as follows: income are as follows: Current service cost 1 258 000 1 070 000 Subsidies paid (154 000) (117 000) 1 104 000 953 000 Interest on obligation 999 000 668 000 Actuarial (gain) / loss recognised in the year (1 605 000) 949 000 Total 498 000 2 570 000 Actuarial (gain) / loss recognised in the year (93 000) 98 000 Total (19 000) 135 000 Financial Statements Financial Statements for the year ended 31 March 2014 Key assumptions: 15.2. Post-retirement benefits obligations 144 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) 145 for the year ended 31 March 2014 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) 15. RETIREMENT BENEFIT PLANS (CONTINUED) 16. CAPITAL COMMITMENTS 15.2. Post-retirement benefits obligations (continued) Severance pay (continued) Sensitivity Analyses: The effect of 1% movement in the assumed salary inflation rate is as follows: Commitments for acquisition of software – authorised but not contracted -1% Salary inflation Valuation assumption +1% Salary inflation -Effect on defined benefit obligation 217 000 242 000 270 000 71 000 81 000 92 000 2014 N$ 2013 N$ 9 000 000 790 000 Commitments for acquisition of property – authorised but not contracted 53 760 000 11 000 000 62 760 000 11 790 000 Part of the Authority’s strategic imperative is to have its own office space to enhance operational efficiency and institutional capacity to execute its mandate. In this respect provision is made for the acquisition of land to build its own office complex. These capital expenditures will be financed from existing cash reserves. 17. RELATED PARTY TRANSACTIONS At 31 March 2013 -Effect on defined benefit obligation -Effect on current service cost and interest cost 234 000 261 000 292 000 66 000 74 000 84 000 The effect of 20% movement in the assumed employee mortality rate is as follows: At 31 March 2014 -Effect on defined benefit obligation -Effect on current service cost and interest cost -20% Valuation Mortality assumption rate +20% Mortality rate 196 000 242 000 287 000 66 000 81 000 96 000 At 31 March 2013 -Effect on defined benefit obligation -Effect on current service cost and interest cost 211 000 261 000 309 000 60 000 74 000 88 000 Key assumptions: Investment return Salary inflation rate 8.18% 7.20% 7.36% 6.80% Valuation date 31/03/2014 31/03/2013 Current service and interest cost in the analysis are based on the valuation assumption for the year following the valuation date. Present value of obligation: 2014 242 000 - 2013 261 000 261 000 2012 126 000 126 000 2011 93 000 93 000 NAMFISA regards the Ministry of Finance and other parastatals falling under the same ministry as related parties as well as Board members and key management who can exercise control and influence over the affairs of the Authority. During the year, the Authority did not enter into any material transactions with the Government of Namibia and/or any parastatals other than as reflected below: 17.1. Compensation of Board members and key management personnel At 31 March 2014 Board member’s fees Short-term benefits Post Retirement benefits 698 750 - Total 698 750 Other key management 10 750 891 1 065 022 11 815 913 11 449 641 1 065 022 12 514 663 At 31 March 2013 Board member’s fees 642 046 - 642 046 Other key management 8 698 650 934 768 9 633 418 9 340 696 934 768 10 275 464 In July 2011, NAMFISA was exempted from the provisions of the State Owned Enterprises Act 2 of 2006. In August 2011 the Minister of Finance approved the remuneration of NAMFISA board members to be aligned at the upper quartile of the gazetted State Owned Enterprises remuneration framework. 17.2. Loans to key management personnel The loans granted to key management constitutes study loans granted in terms of the Authority’s study loan policy. The loans are repayable over a maximum period of 60 months. On successful completion of studies, the balance remaining is fully written off and 80% of the amount repaid is reimbursed to the staff member. 2014 N$ 2013 N$ Opening balance 110 698 130 701 Loans granted 46 550 45 900 Repayments (27 238) (65 903) Closing balance 130 010 110 698 -Current 36 536 18 047 -Non-current 93 474 92 651 130 010 110 698 Financial Statements Financial Statements for the year ended 31 March 2014 Capital commitments up to 31 March 2014 At 31 March 2014 -Effect on current service cost and interest cost 146 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) 147 for the year ended 31 March 2014 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) 20. CREDIT FACILITIES The key assumptions concerning the future and other key sources of estimation uncertainty at the reporting date, that have a significant risk of causing a material adjustment to the carrying amounts of assets and liabilities within the next financial year, are discussed below: The Authority maintains current accounts at First National Bank of Namibia Ltd and Standard Bank of Namibia Ltd as well as credit card and fleet management facilities at Standard Bank of Namibia Ltd. At reporting date the Authority considered the recoverability of levies outstanding through individual assessment of outstanding balances. Past experience such as payment history and current business activities were taken into account in determining classification of accounts receivable as doubtful debts and the calculation of the impairment to be raised against these doubtful accounts. Receivable balances outstanding for more than 180 days have been fully provided for. A total impairment of N$14 567 528 (2013: N$13 620 053) exists at the end of the current year. The following is a summary of facilities maintained: 2014 N$ 2013 N$ Fleet management 6 000 6 000 Credit cards 150 000 150 000 156 000 156 000 Financial assets 2014 N$ 2013 N$ 18.3 Useful lives of equipment and intangible assets Held-to-maturity investments 82 844 975 61 337 268 Loans and receivables 34 209 424 31 524 217 NAMFISA reviews the useful lives of equipment at the end of each reporting period. During the current year NAMFISA determined that the useful lives of certain items of equipment and intangible assets be extended. Cash and cash equivalents 34 084 736 39 125 173 Available-for-sale financial assets 88 766 403 77 364 843 12 555 163 7 313 366 18.2. Levy estimates 21. FINANCIAL INSTRUMENTS 21.1. Categories of financial instruments NAMFISA has included in the revenue figure, an estimate of levies amounting to N$789 977 (2013: N$22 004 126). The estimates are as a result of late submission of returns by the institutions and the calculation was based on the previous monthly or quarterly returns submitted during the year. The financial effect of the extension of estimated useful lives is to increase / (decrease) the depreciation expense in the current year and the following three years as follows: Financial liabilities Equipment N$ Intangibles N$ 2014 (17 750) 2014 7 561 21.2. Market risk 2015 349 537 2015 7 561 2016 (14 208) 2016 7 595 2017 16 933 2017 (3 857) Amortised cost The Authority’s exposure to market risk is principally with regard to interest rates on cash placed with banks and investment houses. 21.3. Significant accounting policies Details of the accounting policies and methods adopted (including the criteria for recognition, the basis of measurement, and the basis of recognition of income and expenses) for each class of financial asset and financial liability are disclosed in note 1.7. 19. RECONCILIATION OF SURPLUS TO CASH GENERATED BY OPERATIONS 2014 N$ 2013 N$ Income for the year 24 329 953 21 469 984 Depreciation and amortisation 1 824 220 1 234 752 Interest received (6 442 232) (6 404 723) (Profit) / loss on disposal of equipment and intangibles 24 274 (5 483) Adjusted for: Increase in bad debts impairment net of write-off 963 425 1 046 133 Increase in post-retirement benefit obligations 479 000 2 705 000 Dividends received (4 401810) (3 677 916) Operating income before working capital changes 16 776 830 16 367 747 Working capital changes 2 171 308 216 598 Increase in accounts receivable (3 648 632) (1 185 344) Increase in accounts payable 8 512 666 1 401 942 Decrease in deferred income (2 692 726) - Cash generated by operations 18 948 138 16 584 345 Financial Statements Financial Statements for the year ended 31 March 2014 18. CRITICAL ACCOUNTING ESTIMATES AND JUDGEMENTS 18.1. Impairment of accounts receivables 148 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) 21.4. Capital risk management The Authority’s objective in managing its capital is to safeguard the Authority’s ability to continue as a going concern by ensuring a sufficient cushion against unexpected deficits. There is no statutory capital adequacy requirements imposed upon the Authority and capital comprises of accumulated income. 21.5. Interest rate risk management As part of the process of managing the Authority’s interest rate risk, interest rate characteristics of new investments and the refinancing of existing investments are positioned according to expected movements in interest rates. The sensitivity analysis below has been determined based on the exposure to interest rates for both variable and fixed interest rate instruments at the reporting date. A 50 basis point increase or decrease is used to compute interest rate sensitivity and represents the Authority’s assessment of reasonably possible change in interest rates. If interest rates had been 50 basis points higher/ lower and all other variables held constant, the Authority’s income for the year ended 31 March 2014 would increase/ decrease by N$980 531 (2013: N$879 753). This is mainly attributable to the Authority’s exposure to interest rates on variable rate financial assets. 149 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) for the year ended 31 March 2014 21. FINANCIAL INSTRUMENTS (CONTINUED) 21. FINANCIAL INSTRUMENTS (CONTINUED) 21.6. Credit risk management 21.6. Credit risk management (Continued) The Authority is exposed to credit risk through its cash surpluses that it places with banks and investment houses as well as the defaulting of levy payments by the regulated industry players. The Authority only invests with banks and investment houses of high quality credit standing. Exposure to banks and investment houses are monitored on a regular basis and surplus funds are spread across approved financial institutions. Levy receivables are spread across industry segments. The Authority does not have any significant credit risk exposure to any single counterparty. Concentration of credit risk did not exceed 5% of gross monetary assets at any time during the year. Exposure to credit risk related to levy receivables is mitigated by fully providing for impaired receivables. The table below indicates the exposure in other financial assets spread among banks and other investment houses: The table below shows the maximum exposure to credit risk relating to receivable, before and after taking allowance for doubtful debts into account: Maximum credit risk 2014 2013 N$ N$ Exposure per industry segment: 46 179 537 42 704 692 Capital markets 9 451 411 7 765 802 Collective investments 7 471 985 5 953 268 Life insurance 17 981 356 14 779 502 Short term insurance 5 864 941 9 088 560 Microlenders 2 589 574 3 542 675 Pension funds 2 432 089 1 254 295 Medical aid funds and friendly societies 388 181 320 590 46 179 537 42 704 692 14 562 519 12 150 991 60 to 180 days (493 981) (1 218 058) Less than 60 days 32 110 999 31 771 759 Age analysis: Older than 180 days 46 179 537 42 704 692 Provision for doubtful debts (14 567 528) (13 620 053) Net exposure 31 612 009 29 084 639 At year-end the Authority did not consider there to be any significant concentration of credit risk which has not been adequately provided for. Institution Fixed deposits N$ Treasury bills N$ Unit trusts N$ Total N$ Bank Windhoek 15 461 974 - 31 058 254 46 520 228 Old Mutual - - 34 854 636 34 854 636 First National Bank 10 518 027 - - 10 518 027 Simonis Storm Securities - - 22 853 513 22 853 513 Namibia Equity Brokers 10 554 438 - - 10 554 438 Standard Bank 20 466 363 - - 20 466 363 Nedbank 15 317 214 - - 15 317 214 Nampost Bank 10 526 959 - - 10 526 959 Balance as at 31 March 2014: 82 844 975 - 88 766 403 171 611 378 Bank Windhoek 20 381 592 - 22 763 696 43 145 288 Old Mutual - - 29 975 636 29 975 636 Simonis Storm Securities - - 24 625 511 24 625 511 Namibia Equity brokers 10 351 179 4 976 858 - 15 328 037 Standard Bank 10 572 549 - - 10 572 549 Nedbank 10 049 384 - - 10 049 384 Nampost bank 5 005 706 - - 5 005 706 56 360 410 4 976 858 77 364 843 138 702 111 Balance as at 31 March 2013: Financial Statements Financial Statements 150 for the year ended 31 March 2014 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) 151 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) for the year ended 31 March 2014 NOTES TO THE ANNUAL FINANCIAL STATEMENTS (CONTINUED) for the year ended 31 March 2014 21. FINANCIAL INSTRUMENTS (CONTINUED) 21. FINANCIAL INSTRUMENTS (CONTINUED) 21.7. Liquidity risk management 21.8. Foreign currency risk management The Authority has minimised its liquidity risk by ensuring adequate cash balances and maintaining adequate reserves. Summary of exposure to interest rate risk: The Authority does not incur currency risk as it does not have significant transactions in foreign currencies. 21.9. Fair value Financial liabilities 2014 N$ 2013 N$ Non-interest bearing - less than 1 month - - - 1 to 3 months 5 876 315 2 175 948 - 3 months to 1 year 4 591 171 5 137 418 10 467 486 7 313 366 2 117 291 - Interest bearing - 1 to 3 months 152 Quoted price Financial assets in this category include listed redeemable notes, bills of exchange and debentures. Financial liabilities include bills of exchange and perpetual notes. The financial statements include holdings in the Bank Windhoek Select Unit Trust Fund, which is carried at fair value, which is considered to be its quoted market price at year end. The following table shows expected maturity for financial assets. The table has been drawn up based on the undiscounted contractual maturities of the financial assets including interest that will be earned on those assets except where cashflow may occur in a different period. The Authority considers the carrying amounts of financial assets and financial liabilities recorded at amortised cost in the financial statements to approximate their fair values. Variable interest rate instruments: 22. CONTINGENT LIABILITY Less than 1 month 34 084 736 39 125 173 1 to 3 months - - 3 months – to 1 year - - 1+ years 88 766 403 77 364 843 122 851 139 116 490 016 Less than 1 month - - 1 to 3 months - - Fixed interest rate instruments: 3 months to 1 year 82 844 975 61 337 268 1+ years - - 82 844 975 61 337 268 Weighted average return 5.65% 6.13% Non-interest bearing instruments: Less than 1 month - - 1 to 3 months 1 649 955 1 723 032 3 months to 1 year 32 559 469 29 801 185 34 209 424 31 524 217 The Authority is involved in a number of litigation cases related to the fulfillment of its regulatory mandates. The Authority is addressing these cases in conjunction with its legal advisors. It is management’s assessment that the outcome of these cases will not have a material effect on the financial position of the Authority. As is public record, NAMFISA is a co-defendant in a case brought against the Authority by Alwyn Petrus van Straten N.O. and others on 12 March 2012 claiming a total amount of N$105 million. NAMFISA filed Exceptions to the Particulars of Claim prior to 31 March 2013. The Exceptions were heard on 8 October 2013 and were upheld in terms of the judgement and order of 31 January 2014. The Plaintiffs filed an Appeal against the judgement and order. At the date of issue of the financial statements the Appeal was still pending and although it has technically lapsed the Plaintiffs may still apply for condonation and reinstatement. The High Court must still formally dismiss the claim should the Plaintiffs not proceed with the appeal. NAMFISA intends to continue contesting the claim and to apply for its dismissal. Financial Statements Financial Statements Financial assets The fair value of financial instruments are determined as follows: • The fair value of financial assets and financial liabilities with standard terms and conditions traded on active liquid markets is determined with reference to quoted market prices; and • The fair value of other financial assets and financial liabilities (excluding derivative instruments) is determined in accordance with generally accepted pricing models based on discounted cashflow analysis using prices from observable current market transactions and dealer quotes for similar instruments. 153 GLOSSARY OF TERMS A long-term insurance product or fund that provides single or modular payments to the holder at specified intervals, usually when retirement is reached or when the policyholder is disabled. Available-for-sale financial assets: These are assets that can be disposed of at any time, e.g. Unit Trust, call deposit, etc. Average annual growth: The aggregated growth recorded over a period of 12 months. Beneficiary: A person or persons nominated by a policyholder to receive the benefits under the policy. Cancellation notice: A written notice issued to cancel the licence of a registered entity or registered person. Capital Adequacy Retirement (CAR): Excess capital required to be held by an insurer in order to be able to absorb losses. Capital appreciation: An increase in the market value of an asset. Closed Funds: Retirement funds whose membership enrolment is restricted, e.g. where a particular employer, profession, trade, industry, calling, association or union has established a fund exclusively for its employees or members. Common Monetary Area (CMA): A country grouping consisting of South Africa, Namibia, Lesotho and Swaziland with a coordinated monetary policy, in which the currencies are pegged to the South African Rand (1:1). Cooling-off period (microlending): A microlender must, in terms of the provisions of the agreement entered into with the borrower, allow the borrower to terminate the micro-loan agreement within a period of three business days after the date of signing the agreement and if the loan amount has been advanced, to simultaneously repay the loan amount advanced to the microlender. In such instances, the borrower is entitled to only pay pro rata charges at the annual finance charge rate applicable to the agreement and not the full charge. Consent to judgement: When a debtor consents in writing to judgement in favour of the creditor of the amount of the debt and costs, in the event the debtor does not meet their obligation to the creditor. Consolidation (microlending): Refers to the process of taking several outstanding debts and consolidate them into a single loan. In other words, the borrower takes out a new loan and uses that loan to pay off his/ her other debts. Credit life insurance: Credit life insurance can be defined as a term life-insurance policy, taken out on the life of the borrower with the lender as beneficiary in order to pay off the borrower’s debt should he/ she pass away before full repayment of the loan. The face value of a credit life insurance policy decreases proportionately with an outstanding loan amount as the loan is paid off over time until both reach zero value. Cross-border listed securities: Securities that are listed on different exchanges in two or more countries. Debt instrument: A medium (e.g. loan) for raising money. Defined Benefit Fund (DB Fund): A retirement fund where the benefits to be paid to the member at retirement is pre-determined and guaranteed. Defined Contribution Fund (DB Fund): A retirement fund where the member receives the total of the employer as well as the employees’ contributions plus the investment earning. Equity: An ownership interest possessed by shareholders in a company. Exchange: An exchange is an infrastructure by which buyers and sellers of securities are brought together. Exclusion clause (insurance): An exclusion is a provision within an insurance policy that eliminates coverage for certain acts, property, types of damage or locations. An event or situation that is not included in an insurance agreement as something for which the insurance company will pay money meaning insurers can legitimately turn claims down. An exclusion clause is therefore a provision in an insurance policy that indicates what is denied coverage. For example, common exclusions are: hazards deemed so catastrophic in nature that they are uninsurable, such as war; wear and tear, since they are expected through the use of a product; property covered by other insurance, in order to eliminate duplication that would profit the insured. Fraudulent non-disclosure: It is also referred to as fraudulent concealment or suppression of information. It means deliberate hiding, nondisclosure, or suppression of a material fact or circumstance (which one is legally or morally bound to reveal) with intent to deceive or defraud in a contractual arrangement. Customers deliberately mislead the insurer if they dishonestly provide information they know to be untrue or incomplete. If the dishonesty is intended to deceive the insurer into giving them an advantage to which they are not entitled, then this is also a fraud and – strictly speaking – the insurance premium does not have to be returned. Funding ratio: The ratio of retirement fund’s assets to its liabilities. Governments Payroll Deduction Code: Codes allocated to financial service providers by the Government enabling them to deduct premiums/ instalments for financial services and products directly from the salaries of Government employees. Gross contribution income: The total premium income received by an entity before any deduction. Held-to-maturity Financial: Non-derivative financial assets with fixed or determinable payments and fixed maturities. Indemnity Insurance: An insurance policy that aims to protect business owners and employees when they are found to be at fault for a specific event such as misjudgement. Typical examples of indemnity insurance include professional insurance policies such as malpractice insurance, and errors and omissions insurance, which indemnify professionals against claims made in the workplace. Liquidity: The liability of an asset to be converted into cash quickly. Glossary of terms 154 Annuity: 155 Assets that are listed and traded on an exchange. Secondary market: The market in which issued securities are traded by investors. Listing: The placing of shares on the stock exchange so they can be traded. Local index: The measure of the prices of security listed or quoted on the Namibian Stock Exchange. Section 14 transfers: A transaction involving the amalgamation or transfer of any business carried on by a registered retirement fund with any business carried on by any other person. Market Capitalisation: Market value of shares, i.e. amount of shares times (multiplied by) market price of shares. Securities: Tradable assets such as shares, stock, debentures and bonds. Market conduct standards: Promulgated standards of conduct that registered entities/ persons need to comply with. S-referenced agents: Long-term insurance agents that are found guilty of non-compliance, e.g. fraud. These agents are not allowed to operate in the industry. Maturity value (investments): The amount that will be received at the time a security is redeemed at its maturity. For most securities, maturity value equals par value. Stock brokers: Registered members of an exchange who are permitted to buy and sell securities on behalf of the clients on the stock exchange. Merits of Claim: In the legal context, merit refers to a claim that has a valid basis, setting forth sufficient facts from which the court could find a valid claim of deprivation of a legal right. Supervision: Supervision is the active analysis of the business of the registered entities by the Regulator to verify compliance. Microlender: A person or entity providing small loans to the public based on specific requirements. Surrender value (investments): The amount available in cash upon cancellation of a policy (in this case an investment policy), before it becomes payable upon death or maturity. National Payment System (NPS): A payment system to facilitate interbank clearing and settlement, resulting from various financial transactions within a country or between countries and ensure the circulation of money within a country. Umbrella Fund: A retirement fund in which different employers and/or members participate under different conditions. Net premium income: The gross or total premium income earned by an insurer, less reinsurance outflow. Unregistered Microlender: A person/ entity that conducts micro loan business without being registered with NAMFISA. Non-disclosure of information (insurance): “Non-disclosure” refers to the situation where a customer fails to reveal a relevant fact when applying for – or renewing – an insurance contract. It is widely recognised that in some situations involving non-disclosure, applying the strict legal position can result in an unduly harsh outcome for the customer. For this reason, when we deal with insurance cases involving non-disclosure or “misrepresentation” – an incorrect statement made by a customer – we take account of both the law and good industry practice. Vesting scales: The portion of the employer’s contribution that is paid to the member if the member ceases to be part of a retirement fund. Voluntary deregistration: The deregistration of a registered entity at own request. Waiting period (insurance): Waiting period is a time period that must expire before some legal right or remedy can be enjoyed or enforced. It can also be defined as the required delay between the date of inception of a claim and the date on which the indemnity becomes payable, In terms of health insurance a waiting period can be defined as a period of time specified in a health insurance policy that must pass before some or all of a health care coverage begins. Generally there are three types of waiting periods such as employer waiting periods, affiliation periods and pre-existing condition exclusion periods. It’s the period of time specified in a health insurance policy that must pass before some or all of the insured person’s health care coverage can begin. Cooling off period (insurance): It is a period of time (as specified in the policy terms and conditions, varying per insurer) during which a policyholder of a new insurance product may cancel the insurance policy contract secured directly or through an intermediary in exchange of a refund in premium(s) paid (in other words without loss). Yield: The annual rate of return on an investment, expressed as a percentage. Glossary of terms Open Funds: Retirement funds whose membership enrolment is not restricted to employer, industry, association, trade or profession. 156 Outstanding claims provision: A provision made for the estimated cost of claims that have occurred before the end of the accounting period but have not been reported by that date. Over the counter (OTC): A decentralised market of securities not listed on an exchange where market participants trade over the telephone, facsimile or electronic network instead of a physical trading place or exchange. Overall index: The measure of the process of all securities listed or quoted on the Namibian Stock Exchange. Pension Fund: A long-term retirement saving plan where a member can draw up one third of their benefit at retirement, tax free, while the remaining two thirds have to be used to pay a monthly/ quarterly/ annual pension. Policy lapse: The policy of which all benefits to the policyholder cease and is terminated due to non-payment of premium amount on the due date or even after the grace period is called a lapsed policy. Description: Excessive delay in payments and servicing of the policy leads to the policy being dead or lapsed. However, a lapsed policy may be revived by fulfilling the terms and conditions as per the policy statement. To avoid losses to all parties, generally the revival and reinstatement is encouraged and facilitated. Premiums written: A stream of income received from policyholders registered on the books of an insurer or reinsurer at the time a policy is issued. Premium Income: The income earned by an insurance company from premiums. Preservation Fund: Any retirement fund (other than a pension fund, provident fund, benefit fund or retirement and annuity fund) that is established solely for the purpose of preserving any amount derived by the member form any pension fund or provident fund. Primary market: The market in which securities are initially issued and sold to investors. Projected value (investments): The quantitative estimate of future economic or financial performance value. Provident Fund: A retirement fund where a member can draw their entire benefit at retirement for a cash lump sum. One third of the benefit is tax-free. Prudential regulation: The supervision of the conduct of entities by setting down legal requirements to ensure the safety of policyholders’ funds as well as the soundness of the financial system. Regulation: Reinsurance: A law, rule, or other order prescribed by the authorities to regulate conduct. An insurance that an insurer buys for its own protection. Reserve level: In medical aid funds, refer to the minimum accumulated funds expressed as percentage of gross annual contributions. Retirement Annuity Fund: Any retirement (other than a pension fund, provident fund or benefit fund) that is established solely for the purpose of providing life annuities for the members of the fund after retirement. Retirement Fund: A fund established to provide retirement benefits to members. Risk transfer fees/ arrangement: In medical aid fund, a contractual arrangement where a third party undertakes to indemnify a medical aid fund against all or part of the loss that such a medical aid fund may suffer as a result of carrying on the business of a medical aid fund. Glossary of terms Listed securities: 157 158 “AMLAC” means anti-money laundering advisor council. “accountable institution” means a person or institution referred to in Schedule 1 of FIA, including branches, associates or subsidiaries outside of that person or institution and a person employed or contracted by such person or institution; “beneficial owner” means (a) a natural person who owns or effectively controls a client, including the natural person on whose behalf a transaction is conducted; or (b) a natural person who exercises effective control over a legal person or trust, and a natural person is deemed to own or effectively control a client when the person (i) owns or controls, directly or indirectly, including through trusts or bearer share holdings for any legal person, 20% or more of the shares or voting rights of the entity; (ii) together with a connected person owns or controls, directly or indirectly, including through trusts or bearer share holdings for any legal person, 20% or more of the shares or voting rights of the entity; (iii) despite a less than 20% shareholding or voting rights, receives a large percentage of the person’s declared dividends; or (iv) otherwise exercises control over the management of the person in his other capacity as executive officer, nonexecutive director, independent on-executive director, director, manager or partner. “business relationship” means an arrangement between a client and an accountable or reporting institution for the purpose of concluding transactions on a regular basis. “cash” means (a) coin and paper money of Namibia or of another country which coin or paper money is designated as legal tender and which circulates as, and is customarily used and accepted as, a medium of exchange in the country of issue; (b) travellers’ cheques; (c) cheques, but only in respect of payments made by a person who carries on the business of a casino, gambling; or (d) payment instrument, but only in respect of stored value. “client” means a person who has entered into a business relationship or a single transaction with an accountable or reporting institution, and the word “customer” has a corresponding meaning. “competent authority” Key persons: with respect to a legal person or trust, includes a director, controlling officer, principal officer, partner or any person who is concerned with the management of its affairs. “legal persons” Legal persons refers to any entities other than natural persons that can establish a permanent customer relationship with a financial institution or otherwise own property. This can include companies, bodies corporate, foundations, partnerships, or associations and other relevantly similar entities. “money laundering” or “money laundering activity” means (a) the act of a person who (i) engages, directly or indirectly, in a transaction that involves proceeds of any unlawful activity; (ii) acquires, possesses or uses or removes from or brings into Namibia proceeds of any unlawful activity; or (iii) conceals, disguises or impedes the establishment of the true nature, origin, location, movement, disposition, title of, rights with respect to, or ownership of, proceeds of any unlawful activity; where (aa) as may be inferred from objective factual circumstances, the person knows or has reason to believe, that the property is proceeds from any unlawful activity; or (bb) in respect of the conduct of a person, the person without reasonable excuse fails to take reasonable steps to ascertain whether or not the property is proceeds from any unlawful activity. (b) any activity that constitutes an offence as defined in section 4, 5 or 6 of the Prevention of Organised Crime Act. “NAMFISA” Namibia Financial Institutions Supervisory Authority “person” means a natural or legal person. “Prevention of Organised Crime Act (POCA)” means the Prevention of Organised Crime Act, 2004 (Act No. 29 of 2004). “Politically Exposed Persons (PEPs)” Foreign PEPs are individuals who are or have been entrusted with prominent public functions by a foreign country,for example Heads of State or of government, senior politicians, senior government, judicial or military officials, senior executives of state owned corporations, important political party officials. “proceeds of unlawful activities” has the meaning attributed to that term in section 1 of the Prevention of Organised Crime Act. means any supervisory, the Namibian Police Force, the Anti-Corruption Commission, the Namibia Central Intelligence Service, the Prosecutor-General, the Centre and any other authority that may, in terms of any law, investigate unlawful activities. “property” has the meaning attributed to that term in section 1 of the Prevention of Organised Crime Act. “prospective client” means a person seeking to conclude a business relationship or a single transaction with an Accountable institution. “customer due diligence” means a process which involves establishing the identity of a client, the identity of the client’s beneficial owners in respect of legal persons and monitoring all transactions of the client against the client’s profile. “records” means any material on which information is recorded or marked and which is capable of being read or understood by a person, or by an electronic system or other device. “establish identity” means a two-tier process consisting of ascertainment or collecting of certain identification information, and verification of some of the information against reliable documentation or information. “regulatory body” means a functionary or institution set out in Schedule 4 of FIA. “financial institution means” (a) a registered beneficiary fund; (b) a registered central securities depository; (c) a collective investment scheme of a registered manager; (d) a registered exchange; (e) a registered friendly society; (f) a registered insurer; (g) a registered medical aid fund; (h) a registered reinsurer; (i) a registered retirement fund; (j) a registered securities clearing house; and (k) an entity declared by the Minister to be a financial institution by notice published in the Gazette. “reporting institutions” means a person or institution set out in Schedule 3 of FIA. “risk” all references to risk refer to the risk of money laundering and/ or terrorist financing. This term should be read in conjunction with the Interpretive Note to Recommendation 1. “financial services laws means” Glossary of terms Glossary of terms The following definitions only relate to Anti Money Laundering (AML) and Combating Financing of Terrorism (CFT), an area under Supervisory Support Division that the Authority introduced a few years ago: “risk clients” means any person, natural or legal whose activities pose a risk for money laundering or financing of terrorism activities. “risk management systems” means policies, procedures and controls that enables an accountable institution to establish the risk indicators used to characterise clients, products and services to different categories of risk (low, medium or high risk) with the aim of applying proportionate mitigating measures in relation to the potential risk of money laundering or terrorist financing in each category of risk established. (a) the FIM Bill; (b) the Public Accountants and Auditors Act; (c) the Financial Intelligence Act; (d) the Financial Services Ombudsman Act; (e) the NAMFISA Act; or (f) a law that declares itself to be a financial services law for the purposes of this definition. “senior management” with respect to a legal person or trust, includes a director, controlling officer, partner or any person who is concerned with the management of its affairs. “single transaction” means a transaction other than a transaction concluded in the course of a business relationship. “supervisory body” means a functionary or institution set out in Schedule 2 of FIA. “financing of terrorism” has the meaning ascribed to it by an Act of the Parliament of the Republic of Namibia which criminalises the conduct of terrorist financing and includes acts which is aimed at directly or indirectly providing or collecting funds with the intention that such funds should be used, or with the knowledge that such funds are to be used, in full or in part, to carry out any act of terrorism as defined in the Organisation for African Unity (OAU) Convention on the Prevention and Combating of Terrorism of 1999, irrespective of whether or not the funds are actually used for such purpose or to carry out such acts. “transaction” means a transaction concluded between a client and an accountable or reporting institution in accordance with the type of business carried on by that institution, and includes attempted transactions. “Funds” refers to assets of every kind, whether corporeal or incorporeal, tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets. Funds or other assets. “Terrorist” the term terrorist refers to any natural person who: (i) commits, or attempts to commit, terrorist acts by any means, directly or indirectly, unlawfully and wilfully; (ii) participates as an accomplice in terrorist acts; (iii) organises or directs others to commit terrorist acts; or (iv) contributes to the commission of terrorist acts by a group of persons acting with a common purpose where the contribution is made intentionally and with the aim of furthering the terrorist act or with the knowledge of the intention of the group to commit a terrorist act. “FIC” Financial Intelligence Centre Terrorist financing: is the financing of terrorist acts, and of terrorists and terrorist organisations. “FIA” Financial Intelligence Act of 2012 “unlawful activity” has the meaning assigned to it in section 1 of the Prevention of Organised Crime Act. “Government” means the Government of the Republic of Namibia. “investigating authority” means an authority that in terms of legislation may investigate unlawful activities. “ identification data” refers to reliable, independent source documents, data or information. 159 CONTACT DETAILS: Call: 0800 290 5000 | SMS: 3030 (normal charges apply) Write: PO Box 21250, Windhoek E-mail: [email protected] Visit: 2nd Floor, Sanlam Centre 154 Independence Avenue Windhoek