Related documents
- Is amended by Namibia Financial Institutions Supervisory Authority Act, 2001
- Is amended by Medical Aid Funds Amendment Act, 2016
- Is commenced by Commencement of part III of the Medical Aid Funds Act, 1995
- Is commenced by Commencement of Medical Aid Funds Act, 1995

Medical Aid Funds Act, 1995
Act 23 of 1995
- Published in Government Gazette no. 1226 on 28 December 1995
- Assented to on 15 December 1995
- There are multiple commencements:
- [This is the version of this document from 25 November 2016 and includes any amendments published up to 6 October 2022.]
Provisions | Status |
---|---|
Part III (section 9–21) | commenced on 1 February 1996 by Government Notice of 1996. |
Part I (section 1–2); Part II (section 3–8); Part IV (section 22–27); Part V (section 28–33); Part VI (section 34–39); Part VII (section 40–47) | commenced on 11 February 1997 by Government Notice of 1997. |
- [Amended by Namibia Financial Institutions Supervisory Authority Act, 2001 (Act 3 of 2001) on 14 May 2001]
- [Amended by Medical Aid Funds Amendment Act, 2016 (Act 11 of 2016) on 25 November 2016]
Part I – INTRODUCTORY PROVISIONS
1. Definitions
In this Act, unless the context otherwise indicates -“Association” means the Namibian Association of Medical Aid Funds established by section 10;“auditor” means a person registered as an auditor under the Public Accountants’ and Auditors’ Act, 1951 (Act 51 of 1951);“board of appeal” means the board of appeal established by section 19 of the Namibia Financial Institutions Supervisory Authority Act, 2001 (Act No. 3 of 2001);[definition of “board of appeal” inserted by Act 11 of 2016]“dependant”, in relation to a member of a registered fund, means -(a)the spouse of such member;(b)any minor child (including any stepchild or adopted child) of such member who is not self-supporting; and(c)any other person who, under the rules of the fund, is recognized as a dependant of such member and is entitled to receive benefits under the fund by virtue of such member’s membership,and who is not a member of that fund or any other registered fund;“financial year” means the financial year of a registered fund referred to in section 19;“fund” means any business carried on under a scheme established with the object of providing financial or other assistance to members of the fund and their dependants in defraying expenditure incurred by them in connection with the rendering of any medical service, but does not include any such scheme which has been established in terms of an insurance policy;“management” means the management of the Association referred to in section 13;“medical service” means any health care treatment of any person, by a person registered in terms of any law, which treatment has as its object -(a)the physical or mental examination of that person;(b)the diagnosis, treatment or prevention of any physical or mental defect, illness or deficiency;(c)the giving of advice in relation to any such defect, illness or deficiency;(d)the giving of advice in relation to or treatment of any condition arising out of a pregnancy;(e)the prescribing or supplying of any medicine, appliance or apparatus in relation to any such defect, illness or deficiency or a pregnancy;(f)nursing or midwifery;(g)the supply of accommodation in a hospital or health facility referred to in section 1 of the Hospitals and Health Facilities Act, 1994 (Act 36 of 1994), or any other institution where surgical or other medical activities are performed, if such accommodation is necessitated by any physical or mental defect, illness or deficiency or by a pregnancy; and(h)any other matter as may be determined by the Registrar on the recommendation of the Association;“member”, in relation to a registered fund, means any person who is, under it’s rules, a member of the fund;[The word “it’s” should be “its” to be grammatically correct.]“Minister” means the Minister responsible for finance;[definition of “Minister” amended by Act 11 of 2016]“officer”, in relation to a registered fund, means any trustee or the principal officer or any other employee of the fund, but does not include the auditor of the fund;“prescribed” means prescribed by regulation;“principal officer” means the principal officer of a registered fund referred to in section 32, or any other employee of the fund designated to act as principal officer under that section;“registered fund” means a fund registered or reregistered under the provisions of this Act;“registrar” means the registrar of medical aid funds referred to in section 3;[definition of “registrar” substituted by Act 3 of 2001]“regulation” means any regulation made under this Act;“rules”, in relation to a registered fund, means the rules of the fund referred to in section 30;“staff member” means a staff member as defined in section 1(1) of the Public Service Act, 1995 (Act 13 of 1995), who is attached to the Ministry of Health and Social Services;“the repealed Act” means the Medical Schemes Act, 1967 (Act 72 of 1967);“this Act” includes, except for the purposes of section 45, any regulations made or in force thereunder;“trustee” means any person managing a registered fund.2. Exemptions
The provisions of this Act shall not apply to -Part II – ADMINISTRATION
3. Registrar of medical aid funds
The person appointed in terms of section 5 of the Namibia Financial Institutions Supervisory Authority Act, 2001, as the chief executive officer of the Namibia Financial Institutions Supervisory Authority shall be the registrar of medical aid funds.[section 3 substituted by Act 3 of 2001]4. Registrar may require production of books and documents from funds
5. Powers of Registrar in relation to unregistered funds
The Registrar shall, in relation to any person who is not registered as a fund under the provisions of this Act and whom the Registrar has reason to suspect that such person is carrying on the business of a fund, have the same powers conferred upon the Registrar by section 4(1), (2) and (3).6. Registrar may extend certain periods
7. Appeal against decisions of Registrar
A person aggrieved by a decision of the Registrar may appeal against the decision to the board of appeal in terms of section 24 of the Namibia Financial Institutions Supervisory Authority Act, 2001 (Act No. 3 of 2001).[section 7 substituted by Act 11 of 2016]8. Annual report by Registrar
Part III – NAMIBIAN ASSOCIATION OF MEDICAL AID FUNDS
9. Abolition of Namibian Association of Medical Schemes
On the date of commencement of this Act -10. Establishment of Namibian Association of Medical Aid Funds
11. Constitution of Association
The Association shall consist of all registered funds in Namibia.12. Powers of Association
For the purposes of achieving its objects, the Association may -13. Management of Association
14. President, vice-president and treasurer
15. Committees of management
16. Meetings of management
17. Meetings of Association
18. Rules and disciplinary inquiries
19. Accounting responsibility
20. Auditing, furnishing of information and reports
21. Special Powers of Minister
Part IV – REGISTRATION OF FUNDS
22. Unregistered funds
23. Application for registration
24. Granting or refusal of application for registration
25. Use of name of fund
26. Effect of registration of fund
27. Reregistration of existing medical schemes
Part V – CONDUCT OF THE BUSINESS OF A FUND
28. Method of carrying on business
Every registered fund shall -29. Limitation on business which may be carried on by a fund
No registered fund shall carry on any business other than the business of a fund: Provided that the Registrar may approve of a registered fund carrying on such other business on such conditions and for such period as he or she may determine if the Registrar is satisfied that it is necessary in order to safeguard an investment made by the fund.30. Rules of funds
31. Amendment of rules
32. Principal officer
33. Annual financial statements
Part VI – TERMINATION OF THE BUSINESS OF A FUND
34. Amalgamations and transfers
35. Applications to court
36. Judicial management
37. Winding-up by court
38. Voluntary or automatic dissolution of funds
39. Cancellation and suspension of registration of certain funds
Part VII – MISCELLANEOUS AND GENERAL
40. Inspection of documents
41. Effect of Registrar’s certificate on documents
Every document which purports to have been certified by the Registrar to be a document deposited at his or her office under the provisions of this Act, or to be a copy of such a document, shall prima facie be deemed to be such document, or a copy thereof, and every such copy shall be admissible in evidence as if it were the original document.42. Right to obtain copies of or to inspect certain documents
43. Prohibition of membership of more than one fund
No person shall -44. Regulations
45. Offences and penalties
46. Repeal and savings
47. Short title and commencement
History of this document
25 November 2016 this version
Amended by
Medical Aid Funds Amendment Act, 2016
14 May 2001
11 February 1997
Commences.
28 December 1995
Published in
Government Gazette number 1226
15 December 1995
Assented to.
Subsidiary legislation
Title | Numbered title |
---|---|
COVID-19 Pandemic: Declaration of Undesirable Practice in terms of section 4(9) of the Medical Aid Funds Act, 1995 | General Notice 129 of 2020 |
Cited documents 9
- Criminal Procedure Act, 1977
- Hospitals and Health Facilities Act, 1994
- Inspection of Financial Institutions Act, 1984
- Insurance Act, 1943
- Medical Schemes Amendment Act, 1975
- Namibia Financial Institutions Supervisory Authority Act, 2001
- Prescribed Rate of Interest Act, 1975
- Public Accountants’ and Auditors’ Act, 1951
- Public Service Act, 1995
Documents citing this one 13
- Bank of Namibia Act, 2020
- Discussion Document on Consumer Protection
- Discussion Paper on Issues relating to the Insolvency Act, 1936
- Heritage Health Medical Aid Fund v Registrar of Medical Aid Funds (SA 77 of 2020) [2022] NASC 42 (21 November 2022)
- Heritage Health Medical Aid Fund v The Registrar of Medical Aid Funds and Others (HC-MD-CIV-MOT-REV 411 of 2019) [2019] NAHCMD 535 (5 December 2019)
- Kandando and Another v Namibia Medical Care and Another (2047 of 2010) [2013] NAHCMD 86 (4 April 2013)
- Long-term Insurance Act, 1998
- Namibia Financial Institutions Supervisory Authority Act, 2001
- Namibian Association of Medical Aid Funds and Others v Namibian Competition Commission and Another (18 of 2016) [2017] NASC 27 (19 July 2017)
- Namibian Association of Medical Aid Funds v Namibian Competition Commission (APPEAL 348 of 2014) [2016] NAHCMD 80 (17 March 2016)
- Report on Marital Property
- Report on the Mental Health Bill
- Suspension of Operation of Provisions of Certain Laws and Ancillary Matters Regulations