Exploring the Obligations to Complete Insurance Reforms in Lesotho

Authors

DOI:

https://doi.org/10.25159/2522-6800/14295

Keywords:

life insurance, funeral insurance, administrative law, judicial review, Pension Funds Act 2019, Insurance Act 2014, separation of powers, Lesotho, Revenue Appeals Tribunal

Abstract

 

In 2014, Lesotho reformed the insurance business sector by adopting the Insurance Act 12 of 2014 and repealing the Insurance Act 18 of 1976. These reforms resulted from the government’s recognition that the Insurance Act of 1976 was outdated and not in keeping with modern insurance principles and practices. This state of affairs made it difficult for the government to regulate and supervise insurance companies. However, in 2019, the Revenue Appeals Tribunal (Tribunal) decided an important case that revealed that the executive branch had not fully implemented these reforms through the Central Bank of Lesotho. In the Insurance Act of 2014, the Central Bank of Lesotho is defined as the Commissioner. There are gaps in the Insurance Act of 2014. This article investigates the gap in the insurance legislation identified by the Tribunal and the obligations of the Commissioner to complete the reforms. It argues that the Commissioner is compelled to fill this gap in the law for at least two reasons. First, the Commissioner has national and international legal obligations to define funeral insurance policies and fully implement the insurance reforms. Second, it is submitted that with the advent of the Pension Funds Act 5 of 2019, the need to complete the insurance reforms is even more significant because this will enable pension funds to cost-effectively procure long-term insurance products, such as funeral benefits, for the advantage of their members and their members’ beneficiaries.

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Author Biography

Mtendeweka Mhango, University of Limpopo

Metropolitan Research Chair & Professor of Law

University of Limpopo

 

References

Aye G, ‘Effects of Fiscal and Monetary Policy Uncertainty on Economic Activity in South Africa’ (2020) 25(1) Advances in Decision Sciences DOI: https://doi.org/10.47654/v25y2021i1p167-187

<https://doi.org/10.47654/v25y2021i1p167-187>

Cachalia R, ‘Clarifying the Exceptional Circumstances Test in Trencon: An Opportunity Missed’ (2015) 7 Constitutional Court Review DOI: https://doi.org/10.2989/CCR/2015.0006

<https://doi.org/10.2989/CCR/2015.0006>

Central Bank of Lesotho, Annual Report (2009).

Central Bank of Lesotho, Annual Report (2021).

Central Bank of Lesotho, Supervision Annual Report (2019).

Dingake O, ‘Separation of Powers in Botswana’, a paper presented at the Southern African Chief Justices’ Conference, 6–8 August 2009.

Fombad C, ‘The Separation of Powers and Constitutionalism in Africa: The Case of Botswana’ (2005) 25 Boston College Third World Law Journal.

Hoexter C and Penfold G, Administrative Law in South Africa (Juta 2021).

Jeram N, ‘Participating Employers under Scrutiny in Disability Claims’ (2008) 29 Industrial Law Journal.

Khumalo T, ‘A Commentary on the Insurance Industry Act 2015 of Botswana’ (2018) 26(1) Lesotho Law Journal.

Kohn L, ‘The Test for “Exceptional Circumstances” Where an Order of Substitution is Sought: An Analysis of Trencon Against the Backdrop of the Separation of Powers’ (2015) 7 Constitutional Court Review <https://doi.org/10.2989/CCR/2015.0005> DOI: https://doi.org/10.2989/CCR/2015.0005

Mhango M and Mosito K, ‘The Constitutional Implications of Pension Deductions under the Pension Funds Act of Lesotho: A Comparative Analysis’ (2023) 27(1) Law, Democracy and Development DOI: https://doi.org/10.17159/2077-4907/2023/ldd.v27.7

<https://doi.org/10.17159/2077-4907/2023/ldd.v27.7>

Nthejane S, ‘An Investigation of Customer Choice Criteria in Life Endowment Products: Case Study of Lesotho’ (MBA dissertation, Henley Business School, 2022).

Rodrik D, ‘Policy Uncertainty and Private Investment in Developing Countries’ (1991) 36(2) Journal of Development Economics DOI: https://doi.org/10.1016/0304-3878(91)90034-S

<https://doi.org/10.1016/0304-3878(91)90034-S>

Cases

ACB & Ors v Prime Minister & Ors [2020] LSHCONST 1.

Albutt v Centre for the Study of Violence and Reconciliation & Others [2010] ZACC 4.

Attorney General v His Majesty the King (C of 2015 LSCA 1.

Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and Tourism & Others 2004 (7) BCLR 687 (CC).

Bezuidenhout v Road Accident Fund [2003] ZASCA 69; [2003] 3 All SA 249 (SCA).

Cape Furniture Workers Union v McGregor 1930 TPD 862.

City of Tshwane Metropolitan Municipality v Cable City (Pty) Ltd 2010 (3) SA 589 (SCA).

Commissioner, SARS v Trend Finance (Pty) Ltd [2007] ZASCA 59.

Constitution of Lesotho, 1993.

Executive Council of the Western Cape Legislature & Others v President of the Republic of South Africa & Others 1995 (4) SA 877.

Fedsure Life Assurance Ltd & Others v Greater Johannesburg Transitional Metropolitan Council & Others 1999 (1) SA 374 (CC).

Intertrade Two (Pty) Ltd v MEC for Road and Public Works, Eastern Cape 2007 (6) SA 442 (Ck).

Johannesburg Consolidated Investment Company v Johannesburg Town Council 1930 TS 111.

Jooste v Witwatersrand Licensing Court 1909 TS 33.

Jose & Another v Minister of Home Affairs & Others [2019] JOL 41649.

Judicial Officers’ Association of Lesotho & Another v Right Honourable the Prime Minister Pakalitha Mosisili NO & Others [2006] LSHC 150.

McDonald & Others v Minister of Minerals & Energy & Others 2007 (5) SA 642 (C).

Merafong Demarcation Forum & Others v President of the Republic of South Africa & Others [2008] ZACC 10.

Metropolitan Lesotho Limited v Lesotho Revenue Authority & Another RAT 02/2016/17.

Minister of Health & Another v New Clicks South Africa (Pty) Ltd & Others 2006 (2) SA 311 (CC).

Minister of Home Affairs & Others v Jose & Another [2020] ZASCA 152.

Nkuebe v Metropolitan [2014] LSHC 43.

Noupoort Christian Care Centre v Minister of National Department of Social Development & Another 2005 (1) BCLR 1034 (T).

Offit Enterprises (Pty) Ltd & Another v Coega Development Corporation (Pty) Ltd & Others [2010] ZASCA 1.

Osman v Lesotho Revenue Authority & Others [2005] LSHC 189.

Phoofolo KC v The Right Honourable Prime Minister 2017 LSCA 8.

Ralekoala v Minister of Justice, Human Rights, Law and Constitutional Affairs & Others [2012] LSCA 38.

Sechele v Public Officers Defined Contribution Pension Fund & Others [2011] LSCA 23.

Security Industry Alliance v Private Security Industry Regulatory Authority & Others 2015 (1) SA 169 (SCA).

Sekoati & 48 Others v President of the Court Martial & 2 Others 2001 (7) BCLR 750, 761 (Les).

Sole v Cullinan & Others [2003] LSHC 9.

Thahane & Others v Specified Offices Defined Contribution Pension Fund & Others [2017] LSCA 10.

Legislation

Code on Social Security in SADC signed 1 January 2008.

Income Tax (Superannuation and Life Assurance) Regulations 1994.

Insurance Act 12, 2014.

Pension Funds Act 5, 2019.

Protocol on Finance and Investment.

Public Officers Defined Contribution Pension Fund Act 8, 2008.

Revenue Appeals Tribunal Act 2, 2005.

The Protocol of Finance and Investment enforced on 16 April 2010.

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Published

2024-02-29

How to Cite

Mhango, Mtendeweka. “Exploring the Obligations to Complete Insurance Reforms in Lesotho”. Southern African Public Law, 20 pages. https://doi.org/10.25159/2522-6800/14295.

Issue

Section

Article
Received 2023-08-03
Accepted 2023-09-30
Published 2024-02-29