A Brief Review of the Insurance Industry In South Africa
The Insurance Industry in South Africa has seen many changes during the past 100 years, including the rise of three major Insurance Acts as well as the Financial Services Board established in 1990.
The Insurance Act of 1923, also titled “Freedom with Publicity” was the first Act passed by the Union Parliament and was based on the principles of the United Kingdom Assurance Company Act of 1909. It provided policies with regards to insolvency as well as marriage. Even though there were no regulations to govern how the funds were invested, everything had to be fully disclosed to the public, hence Freedom with Publicity. The market was then used to determined value and stability of each client, or insurer. Many people questioned the adequacy of public control, especially how financial institutions were supervised, and feared that too much control would have the opposite effect and thus defeat the purpose.
With the rise of The “Control Legislation” Act passed in 1943, The South African Market Foundation questioned its importance. This Foundation arrogated that by forcing Insurers to deposit and invest in securities issued by specified public bodies, the state had total control over financial institution by means of the prescribed asset requirements, also known as the Du plum Rule. Even though debtors were protected by this rule, many investors and insurers lost their investment when the interest rose and their debt subsequently lost its value. Pensioners and widows where severely affected and many investors lost capital. In 1943 the Financial Institutions’ Office also came into power, and the Minister of Finance became its Registrar of Insurance.
A Statutory Regulatory Board was created in 1990 to supervise all financial institution under the supervision of the Financial Institutions’ Office and this board was known as The Financial Services Board. The FSB is the main controller of the Financial Services Industry, and supervise laws with regards to insurance companies, pensions funds, unit trusts, etc. It consists of two divisions, namely: Registration and Policy, and Prudential Supervision. A new Insurance Act was introduced in 1998, giving more protection to policy holders with the exemption of the Du plum Rule amended in 1977. In its basic form, the Du plum Rule stated that when unpaid interest becomes equal to outstanding capital, no further interest could be charged.
In South Africa, the Insurance Industry is an every changing entity. With so many insurers looking beyond conventional markers, insurance companies are constantly evolving in complexity to keep up with the latest trends. Add to this external contributing factors such as high risk ratings for crime and safety. Other factors include capital preservation and changes in the climate and weather patterns, as well as regulation of the Insurance Acts. This is where risk management plays a crucial role. If these factors, and more, are not managed properly, it could affect a client negatively during the claims process.
South African clients can rest assured that our insurance companies constantly strive to meet these demands, and enhance the service required. The Industry has proved that it can withstand a financial recession and difficult market related conditions.