Guidance · NAMFISA · 10 Oct 2017
The Namibian Financial Sector Charter establishes a voluntary framework for broad-based economic empowerment within the Namibian financial sector, effective 1 March 2009. It defines ownership thresholds for BBEE entities, including companies owned 50% or more by beneficiaries, and sets SME turnover criteria between N$250,000 and N$2,000,000. The Charter mandates implementation across seven work-streams: human resource development, preferential procurement, access to financial products, ownership and control, empowerment financing, corporate social investment, and consumer protection.
NAMIBIAN FINANCIAL SECTOR
CHARTER (NFSC)
MAY 2009
NAMIBIAN FINANCIAL SECTOR CHARTER
MAY 2009
CONTENTS
NAMIBIAN FINANCIAL SECTOR CHARTER
MAY 2009
GLOSSARY
ATM - Automatic teller machine
AU - African Union
AUTN - Association of Unit Trusts of Namibia
BEE - Black Economic Empowerment
BoN - Bank of Namibia
CPI - Consumer Price Index
CSI - Corporate Social Investment
HIV - Human Immuno-deficiency Virus
LAAN - Life Assurer Association of Namibia
MDG - Millennium Development Goals
MLA - Micro-Lenders Association
NAMAF - Namibian Association of Medical Aid Funds NAMFISA - Namibia Financial Institutions Supervisory Authority NDP - National Development Plans (NDP I, NDP II, NDP III) NFSC - Namibian Financial Sector Charter NFSCC - Namibian Financial Sector Charter Council NFS - Namibian financial sector NIA - Namibia Insurance Association NIBA - Namibian Insurance Brokers Association NQA - Namibia Qualifications Authority NSE - Namibian Stock Exchange SADC - Southern African Development Community SME - Small and medium enterprises SOE - State-owned Enterprises VAT - Value-added Tax
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1.7.1 it represents a partnership programme and provides the basis for the sector’s engagement with
other stakeholders;
1.7.2 it establishes targets and quantified responsibilities with respect to each principle and outlines
processes for implementing the charter as well as mechanisms to monitor and report on progress towards given goals which are aligned with Vision 2030.
1.8 The industry-focused empowerment strategy is for the broad-based economic empowerment of BBEE
beneficiaries in Namibia. This will promote growth, development and stability in the economy.
1.9 There are considerable differences across the population in terms of skills and education regarding financial
products and services. At the one extreme there is a small group of sophisticated people with a wide choice of products and services tailored to their needs. They also have access to financial advisors and are generally well-informed and confident about the financial products and services they use. On the other hand, there are the majority of people for whom some financial products and services seem inappropriate and inaccessible. They not only lack the skills, confidence and impartial advice to make informed choices about financial products and services, but also feel a strong apathy towards financial-service providers.
1.10 Expanded access to financial products and services is not in itself an ultimate goal but rather an important
objective en route to the broader goal of reducing poverty. On the one hand, financial products and services such as insurance or secure savings play an important part in alleviating the effect of shocks to income caused by death, illness or weather conditions (farming), thereby reducing vulnerability to poverty. On the other hand, a sustainable route out of poverty usually includes the ability to take advantage of incomegenerating opportunities and to build capital, whether human or otherwise, through investment of money over time. For all of this to happen, all Namibians need access to affordable financial products and services.
1.11 The reasons people are excluded from specific financial products may vary, but generally include risk
assessments by financial-service providers, barriers to access, inappropriate products and services, lack of appropriate delivery mechanisms and channels, affordability and issues relating to consumer awareness and attitudes.
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1.12 In developing the NFSC, the following seven work-streams were considered transformational agents in
realising the objectives of this Charter:
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2. DEFINITIONS AND INTERPRETATION
2.1 BBEE means Broad Based Economic Empowerment.
2.2 BBEE Beneficiaries means natural persons who are -
2.2.1 Black Africans, Basters or Coloureds; and
2.2.2 Namibian citizens by
2.2.2.1 birth or
2.2.2.2 naturalisation before 21 March 1990.
2.3 BBEE companies include BBEE-owned companies, BBEE-empowered companies, BBEE-influenced
companies, BBEE women-empowering companies and BBEE SME’s.
2.4 BBEE-empowered companies means companies that are 25% or more but less than 50% owned and
controlled by BBEE beneficiaries.
2.5 BBEE-influenced companies means companies that are 15% or more but less than 25% owned and
controlled by BBEE beneficiaries.
2.6 BBEE-owned companies means companies that are 50% or more owned and controlled by BBEE
Beneficiaries.
2.7 BBEE procurement spent means expenditure to BBEE companies on procurement, measured on the value
of the Namibia Dollar. In the case of the short-term insurance industry, claims constitute procurement.
2.8 BBEE SME means an SME which is a BBEE company or BBEE-empowered company;
2.9 BBEE transactions means transactions for the acquisition by BBEE Beneficiaries of –
2.9.1 direct ownership of an existing or new company (other than an SME) or in the financial, SPV or any
other sector of the economy; or
2.9.2 joint ventures with, debt financing of or another form of credit extension to, or equity investments in,
BBEE companies (other than SME’S).
2.10 BBEE women-empowering companies mean companies that are more than 30% owned and controlled by
female BBEE beneficiaries.
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2.11 Broad-based economic empowerment (BBEE) means the economic empowerment of BBEE beneficiaries
including women, workers, youth, people with disabilities and people living in rural areas, through diverse but integrated socio-economic strategies.
2.12 Broad-based ownership means equity or shareholding, or economic interest arising from equity or
shareholding, in a business entity which vests in or is transferred to a group of BBEE beneficiaries who have associated themselves to promote common legal interests of a broad base of members, such as employee trusts, employee associations or other collectives or community groups, youth groups or any other target groups. Shares are held directly or indirectly through non-profit organisations and trusts of which the beneficiaries are BBEE beneficiaries.
2.13 Charter means the Namibian Financial Sector Charter.
2.14 Company means a business venture registered in terms of the laws of Namibia relating to companies or
close corporations or any trust or other venture formed for the purpose of running on a business concern, including a business run under sole ownership or in partnership.
2.15 Control, in relation to a company, means the authority or power to manage assets, to determine policies and
direct the business operations of that company.
2.16 Council means the Namibian Financial Sector Charter Council (NFSCC) established in terms of paragraph
14.1 of this Charter.
2.17 Designated groups means BBEE beneficiaries as well as Namibian citizens on or before 21 March 1990,
including women, disabled, aged and unemployed persons, persons living in rural undeveloped communities and start-up entrepreneurs.
2.18 Direct ownership means ownership of an equity or economic interest in a Namibian entity together with
direct control over all of the voting rights attached to that equity or economic interest, including the holding company and operational company.
2.19 Economic interest means a claim against an enterprise representing a return on ownership of the
enterprise similar in nature to a dividend right.
2.20 Effective date means 1 March 2009, being the date of commencement of this Charter in terms of
paragraph 5.2 of this Charter.
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2.21 Empowerment financing means the provision of finance for, or investment in, BBEE transactions or BBEE
companies, and involves the mobilisation of resources for such financing by the financial sector at large, both banking and non-banking financial institutions.
2.22 Enterprise development means the development of new or existing BBEE SME’s or BBEE-accredited
companies through the provision of operational and financial capacity.
2.23 Financial institution means an institution, whether incorporated or unincorporated, authorised in
accordance with the laws of Namibia to conduct business as a banking institution, long-term insurer, shortterm insurer, pension fund, medical-aid fund, stock exchange, board of executors, trust company or any other entity the business of which is engaging in financial activities as a financial-services or financial-products provider, including asset-administration services, asset-management services, investment-management services or investment advisory services, and includes any State-owned enterprise (SOE) specified in
Schedule 1 of the State-owned Enterprises Governance Act, 2006 (Act 2 of 2006). This includes nonNamibian holding or operational companies of Namibian financial institutions.
2.24 Financial sector means the Namibian financial sector comprising all financial institutions.
2.25 Indirect ownership means any investment made by or through a third party and regulated by legislation on
behalf of the actual owner of the funds, pursuant to a mandate given by the owner to the third party, which mandate is governed by such legislation, including –
2.25.1 Investments by or for a collective investment scheme
2.25.2 Investments by or for a pension fund
2.25.3 Investments by or for a medical scheme out of member funds
2.25.4 Investments by or for long-term insurers out of policy-holder funds
2.25.5 Investments by or for a banking institution out of depositor funds as opposed to own reserves
2.26 Lower income households are households with an income of less than N$XXX per month, to be increased
in line with the CPI on the first of January each year, commencing on 1 January 2009.
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2.27 Management
2.27.1 Executive management means employees who are appointed by, or on authority of, the board to
undertake the day-to-day management of the measured enterprise; and who are actively involved in the development and implementation of the enterprise’s strategy
2.27.2 Middle management means people who are professionally qualified and experienced specialists.
Middle management has more interpretive decision-making power, which means they are given latitude to implement plans from executive management. Middle managers are usually responsible for a budget and have input into the size of the budget allocated, but not authorisation of the budgeted amount.
2.27.3 Junior management means people in a supervisory role with limited authority. Junior management
commonly comprises supervisors, foremen and superintendents, who are technically skilled or academically qualified. They are restricted to making routine decisions which are usually process related. They do not have a budget to control; they work within budget constraints imposed by higher authority.
2.28 Measured entity means an enterprise, including an organ of state or a public entity, subject to measurement
under this Charter.
2.29 Namibianisation means the process of increasing the local ownership and decision-making capacity of
institutions based in Namibia, including the representation or participation of Namibian citizens in the control and management structures of the institution, i.e. board of directors, executive management and other decision-making structures within the institution.
2.30 Net equity value means the value of the equity instruments determined on the date of measurement less the
debts of BBEE beneficiaries incurred in financing their purchase of equity instruments in the measured entity expressed as a percentage of the total value of the measured entity on the date of measurement.
2.31 Parties, in relation to this Charter, means the signatories and all financial institutions in the financial sector.
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2.32 Procurement means all expenditure to suppliers to acquire goods and services, including capital
expenditure, but excluding expenditure for
2.32.1 staff remuneration, including bonuses, benefits and directors’ fees;
2.32.2 Procurement items where there is a natural monopoly;
2.32.3 Procurement of items where the supplier is imposed, in terms of a global policy, for technical
reasons;
2.32.4 Procurement of items not available in Namibia;
2.32.5 Social investment expenditure and donations;
2.32.6 Procurement by the Government, statutory institutions, regional councils and local authorities.
2.32.7 Investments and loans; and
2.32.8 Procurement of goods and services on behalf of a third party, where such procurement is not
represented as an expense in the accounting records of the measured entity. These excluded procurement items must be included in the total measured procurement spending of the third party.
2.33 Signatories means the institutions, bodies and associations specified in Appendix A to this Charter, being
represented by their duly authorised representatives in the formulation and signature of this Charter.
2.34 SME means a small or medium enterprise with a turnover of N$250 000 or more but less than N$2 000 000
per annum.
3. GOVERNING PRINCIPLES AND OBJECTIVES OF THE CHARTER
The Namibia Financial Sector Charter provides a framework for addressing BBEE in the financial sector of Namibia:
3.1 Guiding principles
The following are guiding principles used to formulate the governing principles and objectives set out in paragraph 3.2 hereof:
3.1.1 Achieve the real broad-based transformation of the Namibian Financial Sector.
3.1.2 Promote equal opportunity.
3.1.3 Make provision for financial literacy and consumer-education initiatives, split into four spheres,
namely broad-based, private, institutional and financial.
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3.1.4 Promote Namibianisation, i.e. local decision-making or primary listing of a local subsidiary on the
Stock Exchange in Namibia.
3.1.5 Ensure high standards of corporate governance.
3.1.6 Be sustainable and measurable.
3.1.7 Incorporate regional initiatives, specifically SADC.
3.2 Guiding principles and objectives
The guiding principles and objectives of the Namibia Financial Sector Charter are as follows:
3.2.1 To enhance the growth and development of the Namibian economy
3.2.1.1 New inclusive patterns of wealth creation must come from both current and new
economic activity. Thus, increased levels of investment are needed to generate substantial new economic activities. At the same time, a substantial change in ownership, control and management patterns must be achieved.
3.2.1.2 The transformation of the Namibian financial sector must be geared towards enhancing
the economic growth of the country.
3.2.2 To achieve broad based transformation
The process of BBEE seeks to accelerate de-racialisation of the Namibian economy and fast-track assimilation of historically marginalised communities into the mainstream of the economy.
3.2.3 To promote equal opportunity as an inclusive process
3.2.3.1 A more equitable economy will benefit all Namibians, individuals and enterprises. The
process of BBEE must be an inclusive one and all enterprises operating within Namibia must participate in the process. The BBEE strategy must be implemented throughout all sectors of the economy and not be limited to those enterprises that derive income from government procurement or those where the sector is regulated by government. Economic growth, development and BBEE are complementary and related processes.
3.2.3.2 The parties to this Charter must therefore recognise similar BBEE initiatives conducted
by other sectors of the Namibian economy.
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3.2.4 To promote Namibianisation of enterprises in the financial sector
The BBEE process should take into account the level of Namibianisation achieved in the financial sector.
3.2.5 To ensure high standards of corporate governance
A fundamental part of Namibian economic reform and transformation is improving the quality and transparency of all economic activities. Accordingly, BBEE must be associated with and ensure the highest standards of corporate governance. Concerted efforts must be made by all parties to this Charter to ensure that the quality of corporate boards and governance is improved. The Charter further aims to encourage disclosure of salient details of BBEE transactions, e.g. funding, beneficiaries and nature of such transactions.
4. CHALLENGES FACING THE NAMIBIAN FINANCIAL SECTOR
4.1 The negative factors that follow are among the key challenges faced by Namibia, particularly with respect to
consumer education and protection (listed in no specific order). The legislative environment is outdated, not harmonised and, in particular, does not provide an enabling framework for promoting BBEE and implementing the NFSC.
4.2 Namibian consumers have low financial literacy levels, irrespective of their economic status, and tend to lack
a sound grasp of the way financial systems operate and how they should choose financial service providers and products and services.
4.3 There is a shortage of expertise in the financial industry. Business needs to be conducted over vast
distances, often for low volumes.
4.4 Namibians remain excluded from ownership and control of the sector, which is dominated by foreign
companies.
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5. APPLICATION OF THE NFSC
5.1 The NFSC is applicable to all financial institutions, except SME’s which are exempted in terms of paragraph
5.5 hereof.
5.2 This Charter takes effect on 1 March 2009 and will remain valid until 31 December 2019.
5.3 After a period of 5 years, and not later than 31 March 2014, the NFSC Council must conduct an interim
review to determine progress made in achieving targets set for the sector and evaluate the effectiveness of the Charter in this regard. Based on its findings, the Council may make determinations regarding implementation of the Charter during the second term to address any shortcomings identified during the interim review.
5.4 The parties to this Charter agree that the requirements thereof will cease to apply after the end of 2019.
5.5 While all financial institutions are expected to apply the principles and spirit of this Charter, recognition is
given to the challenges this Charter poses to SME’s. Accordingly all BBEE SME’s that are financial institutions are exempted from compliance with the requirements of this Charter.
6. HUMAN RESOURCE DEVELOPMENT
6.1 The NFSC embraces the goals expressed in legislation promoting employment equity and especially
representation at management level in the financial sector.
6.2 The NFSC aims to create an environment in which current and future leadership incumbents may be
equipped with appropriate knowledge and capacity to enable them to play a central part in driving the transformation of the Namibian financial sector.
6.3 To this end, the parties to the NFSC commit the financial services sector to achieving the following targets in
respect of the management composition of enterprises in the sector:
6.3.1 At executive management level
6.3.1.1 By the end of 2014, at least 25% must be BBEE beneficiaries, of whom at least one third
should be women.
6.3.1.2 By the end of 2019, at least 50% must be BBEE beneficiaries, of whom at least one third
should be women
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46.3.2 At middle and junior management level
6.3.2.1 By the end of 2014, at least 30% must be BBEE beneficiaries, of whom at least one third
should be women.
6.3.2.2 By the end of 2019, at least 60% must be BBEE beneficiaries, of whom at least one third
should be women.
6.4 The parties further undertake to ensure that BBEE beneficiaries are given appropriate training in accordance
with the needs identified in the national skills audit as well as needs specific to the financial sector. Practical methods may include the following:
6.4.1 Leadership programmes to assist with career planning of staff from BBEE beneficiary groups,
especially those with leadership potential.
6.4.2 Mentorship programmes aimed at employing an agreed number of matriculants from BBEE
beneficiary groups by putting them on a mentorship programme, with a time frame, which will include training for acquiring special skills (for example, computer skills, communication skills, marketing skills, negotiation skills).
6.4.3 Cultural diversity and gender sensitivity programmes
6.4.4 Tertiary training programmes resulting in relevant undergraduate and post-graduate diplomas and
degrees, for example:
6.4.4.1 recognised professional programmes relevant to the industry, marketing diplomas,
business management diplomas etc., and
6.4.4.2 specialised training from accredited institutions such as actuaries, Chartered Accountants
(CAs), MBA’s.
6.5 The NFSC aims to ensure that all staff employed in the financial sector are to be trained to comply with the
occupational standards set by the National Qualifications Authority (NQA) for the relevant positions in which they are employed, or to meet any similar requirements determined by other relevant authorities.
6.6 A weighting must be allocated for Namibianisation.
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7. PREFERENTIAL PROCUREMENT AND ENTERPRISE DEVELOPMENT
7.1 The NFSC procurement policy seeks to identify, develop and promote the sustainability of BBEE businesses
through procurement with the ultimate purpose of fostering entrepreneurship in previously disadvantaged communities and increasing participation of BBEE suppliers to the Namibian financial sector. The industry recognises that, through its procurement expenditure, it can positively influence economic empowerment of previously disadvantaged persons.
7.2 The Namibian financial sector commits itself to implementing procurement strategies aimed at enhancing
BBEE. These strategies must be aimed at promoting the economic empowerment of previously disadvantaged persons using procurement as an empowerment tool and providing support to BBEE enterprises by preferring procurement from them.
7.3 The objectives of the procurement policies and practices are
7.3.1 to provide access for BBEE companies to the Namibian financial sector;
7.3.2 to specify the key measurement principles to be applied when calculating BBEE procurement
spend; and
7.3.3 to define and specify the preferential procurement elements of the BEE score-card.
7.4 In order to provide access for BBEE companies to the Namibian financial sector, drivers of economic
empowerment using procurement as a tool coupled with enterprise development may include the following:
7.4.1 Promoting early settlement terms for services and products supplied by BBEE enterprises and
providing assistance in acquiring material
7.4.2 Encouraging current suppliers that do not have BBEE status to obtain that status through the
transfer of direct ownership to BBEE beneficiaries in order to secure recognition as BBEE suppliers
7.4.3 Providing support to BBEE SME’s to enable them to benefit from targeted procurement
programmes
7.4.4 Developing programmes designed to assist BBEE SME’s in tendering for financial-sector business
7.4.5 Providing financial assistance or assisting vendors in negotiating financing arrangements with
financial institutions (reserve areas)
7.4.6 Exploring meaningful ways of supporting the Team Namibia initiative
7.4.7 Encouraging BBEE claims procurement in the insurance sub-sector, both short-term and longterm insurance
7.4.8 Financing of BBEE companies and BBEE SME’s
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7.4.9 Training and development of preferred BBEE vendors, including skills transfer, to improve SME
vendors’ management of their business (debriefing meetings should be held with unsuccessful suppliers to promote future success)
7.4.10 Earmarking certain categories of procurement expenditure for BBEE SME’s only and reserving
areas of procurement for BBEE groups only. (BBEE companies must be given preference when tendering for these targeted procurement contracts. For other procurement spend categories, companies must be given preference in line with their BBEE status)
7.4.11 Dividing contracts into smaller parts to provide assistance to more BBEE suppliers
7.4.12 Providing contracts to companies with stipulation clauses requiring them to procure a stated
percentage of the contract value from a BBEE company
7.4.13 Joint venture arrangements with BBEE companies as a condition of tender
7.5 Key principles are to be applied when calculating BBEE procurement expenditure. This will include each
financial institution categorising its suppliers, both current and potential, into the following:
7.5.1 BBEE-owned companies
7.5.2 BBEE women-empowering companies
7.5.3 BBEE-empowered companies
7.5.4 BBEE-influenced companies
7.5.5 Designated groups
On evaluating procurement preferences BBEE status has to be prioritised in the order stipulated above.
7.6 Each financial institution should establish which of its suppliers are BBEE SME’s, BBEE women-empowering
companies or from designated groups.
7.7 Each financial institution has to conduct an independent investigation in respect of each of its suppliers to
verify their BBEE status. BBEE suppliers should be registered with a rating agency recognised by the NFSC Council.
7.8 The recognition of an entity as a rating agency for the purposes of this Charter must be effected in
accordance with the procedure and the norms and criteria determined by the Council or such requirements as may be prescribed for the recognition of rating agencies by or under any law of Namibia.
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7.9 Financial institutions share the obligation to achieve in their individual entities the following minimum targets
of procurement expenditure to BBEE companies:
7.9.1 At least 30% of their procurement budget by the end of 2014
7.9.2 At least 60% of their procurement budget by the end of 2019
7.10 Each measured entity has to provide measurements of BBEE procurement spend as well as calculation of
preferential procurement contributions to BBEE-accredited enterprises.
7.11 Sound economic and commercial principles must underpin all procurement transactions. BBEE companies
are not to be treated differently and leniency should not be given with respect to quality, price, expected service levels, safety, environmental issues, delivery, commercial or other contractual conditions.
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8. ACCESS TO AND AFFORDABILITY OF FINANCIAL PRODUCTS AND
SERVICES
8.1 Access and Usage
Access and usage of financial products and services can be divided into the following broad category groups:
8.1.1 Access and usage: Being the group that constitutes the current users of financial products and
services
8.1.2 Access but no usage: Being potential users of financial products and services that voluntarily
exclude themselves due to high price or income constraints
8.1.3 No access: Being the group of potential users of financial products and services that are excluded
due to physical exclusions or other non-price conditions
8.2 Products and Services offered by the Sector
The products and services provided by the financial sector to its customers can be divided into the following broad categories:
8.2.1 Transactional: This is almost a pre-requisite for full participation in the formal economy as it provides
a springboard to other financial products and services such as insurance products and services
8.2.2 Safe-keeping and wealth creation: These types of facility allow for secure custody of savings
8.2.3 Risk mitigation: These are primarily products and services of assurers and insurers
8.2.4 Credit: Access to funds for consumption as well as investment
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8.3 Access Principles
The following principles should be inherent in the products and services supplied by the financial sector:
8.3.1 Physical accessibility: Financial products and services should be accessible to participants that may
need them
8.3.2 Appropriateness: Products and services should be designed to address the needs of their intended
users
8.3.3 Affordability: Products and services should be affordable relative to service received
8.3.4 Transparency of product cost
8.3.5 Simplicity and understandability: Products and services should be presented to users in an
understandable fashion
8.3.6 Non-discriminatory: Services and products offered by participants should be fair to all.
8.3.7 The principles specified above may not all be relevant to the needs of all potential beneficiaries of
expanded access to financial products and services in Namibia. For the purposes of the Charter, the access principles most appropriate in relation to the type of service offered are included in the table below. Access principles applicable to services Services offered by industry Physical Accessibility Appropriateness Affordability Simplicity and understandability Nondiscriminatory Transactional o Safe-keeping o Wealth Creation o Risk Mitigation o Credit o
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8.4 The financial sector undertakes that the access principles as described above will be applied when designing
new products and services for users or potential users excluded from access or insufficiently serviced, and that current products and services available in the industry which do not meet those requirements, must be tailored to meet the requirements of those users or potential users.
8.5 The financial sector acknowledges the need to accelerate wider access to products and services in Namibia.
8.6 The financial sector commits itself to establishing, where appropriate, a point of access or presence of
facilities as a means through which access to financial services will effectively be available to users or potential users, e.g. service points, ATM or other channels facilitating deposits, transactions, credit or other financial services. The viability of established points of access or facilities are to be reviewed from time to time and, if found not viable, other avenues of establishing points of presence should be investigated.
8.7 The Namibian financial sector commits itself to offering sustainable and affordable financial products and
services aimed specifically at and appropriate for lower-income households.
8.8 Each party to this Charter commits itself to the elimination of discriminatory practices as a barrier to access.
The parties further commit themselves to investigating all avenues to provide products without underwriting, which will aim to exclude all discriminatory practices, and are financially viable.
9. OWNERSHIP AND CONTROL
9.1 Undertaking by the Namibian Financial Sector
9.1.1 The Namibian financial sector recognises that the current distribution of ownership and control of
financial institutions is inequitable and does not reflect the demographics of the country or promote socio-economic justice, political stability and economic growth.
9.1.2 The Namibian financial sector aims to promote economic transformation to enable meaningful
participation of designated groups in the sector.
9.1.3 The object is to achieve substantial change in the racial and gender composition of ownership,
control and management structures in skilled occupations of current and new enterprises in the financial sector.
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9.1.4 The Namibian financial sector undertakes to increase the extent to which BBEE beneficiaries and
designated groups own and manage current and new enterprises in the sector.
9.1.5 The Namibian financial sector undertakes to promote investment programmes leading to economic
empowerment.
9.1.6 The Namibian financial sector undertakes to promote access to finance for the economic
empowerment of BBEE beneficiaries and designated groups in the sector.
9.2 Ownership
9.2.1 Each financial institution, other than an SOE, undertakes to achieve the following minimum
ownership targets, measured at holding company level, by 31 December 2019:
9.2.1.1 At least 20% economic interest and net equity value held by BBEE beneficiaries; and
9.2.1.2 at least 25.1% participation by BBEE beneficiaries in voting rights (this may be achieved
through voting pool agreements, shareholders’ agreement or any other appropriate legal mechanism).
9.2.2 Direct ownership as contemplated in paragraph 9.2.1 should, where appropriate, meet certain
principles to be developed which may include the following:
9.2.2.1 Direct ownership in the financial institution as a result of BBEE transaction financing
9.2.2.2 Broad-based ownership
9.2.2.3 The disposal of assets, operations, businesses or subsidiaries by the financial institution
as a going concern to BBEE beneficiaries
9.2.2.4 Direct shareholding with control, commensurate with the level of ownership, at subsidiary
or divisional level
9.2.2.5 Joint-venture or partnership arrangements
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9.2.3 Any transaction that involves BBEE parties acquiring equity on a conditional, deferred basis with no
issue of equity carrying reciprocal economic interest must, for the avoidance of doubt, not be counted as direct ownership for the purposes of paragraph 9.2.2 until such time as the equity is actually transferred.
9.2.4 A maximum of 10% of the target set in terms of paragraph 9.2.1 may be met by way of indirect
ownership by empowered financial institutions at group level in Namibia. Financial institutions may score indirect ownership points only if they have attained a level of 10% direct ownership and have taken active measures to meet certain responsibilities that will be developed.
9.2.5 For the purposes of this Charter, BBEE ownership is to be calculated as the agreed standard
valuation of the BBEE interests referred to in paragraph 9.2.2 expressed as a percentage of the agreed standard valuation of the Namibian operations of the financial institution on the date of the transaction. Where a BBEE transaction results in BBEE beneficiaries acquiring 100% of an asset, operation, business or subsidiary from a financial institution, the agreed standard valuation of such asset is deemed to be the transaction consideration applicable to the BBEE transaction concerned and the aforementioned percentage has to be calculated based on the agreed standard valuation (as defined) of the Namibian operations on the date of the transaction.
9.2.6 Historical direct-ownership transactions may be included in the calculations of direct ownership,
provided the transaction was in place for a minimum period of three years immediately before the effective date, and provided further that the company endeavours to have BBEE beneficiary ownership in place as far as is practicable.
9.2.7 If a financial institution is at least 25% owned by another financial institution (“second institution”) it
may, in the calculation of direct BBEE ownership, take into account a portion of the direct BBEE ownership in the second institution equal to the percentage shareholding of the second institution in the financial institution concerned.
9.2.8 BBEE transactions identified in terms of paragraph 9.2.2 must, for the purposes of this Charter, be
treated as if they were ownership transactions and are governed by all the provisions of paragraph
9.2 hereof.
NAMIBIAN FINANCIAL SECTOR CHARTER
MAY 2009
9.3 Control
Financial institutions are encouraged to increase the level of representation of BBEE beneficiaries at board and management levels. This is to be complemented by awareness programme for all directors to discharge their duties effectively. Enterprises in the financial sector therefore undertake to achieve the following minimum targets of control to be entrusted to BBEE beneficiaries:
9.3.1 40% BBEE beneficiaries on the board of directors by 2014
9.3.2 11% BBEE beneficiaries who are women on the board of directors by 2014, to be increased to 20%
by 2019
9.3.3 25% BBEE beneficiaries at executive management level by 2014, to be increased to 50% by 2019
9.3.4 10% BBEE beneficiaries who are women at executive management level by 2014, to be increased
to 20% by 2019
9.4 Namibianisation
9.4.1 The operational autonomy and decision-making of local management of financial institutions in
Namibians is to be supported by ensuring that Namibians are suitably trained and mentored in decision-making roles, irrespective of gender or race.
9.4.2 Financial Institutions are encouraged to obtain listing of their shares on the Namibian Stock
Exchange. Such listing will be recognised on the Namibianisation score-card.
9.4.3 A listing on the Namibian Stock Exchange that gives preference to BBEE companies and BBEE
beneficiaries will ensure a higher level of points on the Namibianisation score-card.
NAMIBIAN FINANCIAL SECTOR CHARTER
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10. EMPOWERMENT FINANCING
10.1 The following provisions are applicable to financial institutions that are banking institutions:
10.1.1 Each banking institution undertakes to apply at least 2% of its business loans towards BBEE
transaction financing by 2014, to be increased to at least 4% by 2019.
10.1.2 The banking sector shall provide products and services designed specifically to assist designated
groups in acquiring interest in well-established entities in financial and other industries.
10.1.3 Without prejudice to the provisions of paragraph 10.1.1, each bank undertakes to apply at least 2%
of its business loans towards financing BBEE SME’s.
10.1.4 Credit criteria are to be adapted to the particular circumstances of BBEE start-ups, whether they be
buy-ins, BBEE takeovers or existing BBEE entities, including BBEE SME’s, in the provision of debt financing or other related transactions.
10.1.5 Banks must develop specialist knowledge and dedicate resources to keep abreast of, and better
understand, the needs, conditions and economic circumstances of various sectors of the economy and targeted developmental areas, as identified by Government in its plans and policies, in order to better serve emerging sectors.
10.1.6 Banking institutions are encouraged to assist by providing advice on the viability of businesses or
business plans in which an equity stake is about to be acquired by designated groups.
10.2 The following provisions are applicable to all financial institutions in the sector, including banking institutions:
10.2.1 The financial sector shall establish a proportion of empowerment financing available from the
financial sector as a percentage of the total funds under management within the sector as far as is practicable.
10.2.2 Financial institutions are to identify sustainable and appropriate forms of financing and investment
financing suitable for realising BBEE objectives.
10.2.3 The financial sector has to work towards increasing its client base from designated groups to
promote and increase awareness of the financing opportunities available to designated groups and enterprises.
NAMIBIAN FINANCIAL SECTOR CHARTER
MAY 2009
10.2.4 The financial sector shall identify appropriate risk mitigation measures relevant to the various
institutions within the sector, such as capacity building, mentorship programme, training and equity investments.
10.2.5 The financial sector has to establish the extent to which financing of empowerment transactions
concluded before the effective date are to be taken into account for the purposes of fulfilling the requirements of the NFSC. Without reducing the total amount for new empowerment financing by the sector, the targets of individually affected institutions might be adjusted to take into account empowerment financing which they have on their books on the effective date.
10.3 The non-banking financial sector shall provide products and services designed specifically to assist
designated groups in acquiring equity interests in well-established entities in the financial sector and other industries.
10.4 For the purposes of monitoring the total amount of financing by the sector and the progress on the
implementation of the NFSC, each financial institution has to annually submit to the Council a report setting out its investment and resource allocation towards BBEE and empowerment transactions.
10.5 The NFSC Council is to review the financial sector’s progress based on the annual reports submitted by
financial institutions and may provide guidance as to the implementation of the Charter.
11. ENTERPRISE DEVELOPMENT
11.1 Financial institutions shall contribute to ensuring the development of entrepreneurial skills, investment and
financial-market education and business management skills for designated groups.
11.2 The financial sector commits itself to
11.2.1 supporting and improving the levels of assistance provided to BEE-accredited companies in the
financial sector and other sectors of the economy by providing technical and managerial assistance directly as well as funding for such assistance indirectly;
11.2.2 forming strategic relationships and partnerships with agencies or institutions engaged in the
provision of financial training and advisory services;
NAMIBIAN FINANCIAL SECTOR CHARTER
MAY 2009
11.2.3 establishing specialised divisions within financial institutions specifically for the purpose of BBEE
enterprise development and providing funding to such entities;
11.2.4 forming partnerships or joint ventures with BBEE companies and providing debt financing for and
equity investment in BBEE companies within the financial sector and other sectors of the economy
11.2.5 referring business opportunities to BBEE beneficiaries within communities, where appropriate, and
11.2.6 supporting enterprise development at educational institutions and within communities by transferring
skills and providing funding for such initiatives.
11.3 The financial sector shall encourage broad-based empowerment initiatives for human-resource capacity
building within the financial institutions and increase investment in such initiatives.
11.4 The financial sector has to strive to implement programmes aimed at enlarging the skills base in the
country, including programmes for internships and attachments within the financial industry.
11.5 The financial sector shall support entrepreneurship training as well as basic arithmetic and business skills
at pre-school and school level.
11.6 Enterprises in the financial sector have to aim to educate, assist and encourage aspiring entrepreneurs
from BBEE beneficiary groups in business development and entrepreneurship through
11.6.1 skills transfer,
11.6.2 secondment of staff,
11.6.3 infrastructure support,
11.6.4 advising on technical and administrative barriers,
11.6.5 mentorship programmes, and
11.6.6 internships.
NAMIBIAN FINANCIAL SECTOR CHARTER
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12. CORPORATE SOCIAL INVESTMENT (CSI)
12.1 Annually, in January, each financial institution shall contribute to corporate social investment at least 0.25%
of its estimated after-tax income or, if not taxable, of its estimated income, based on the actual figures of the previous year. This expenditure has to be assessed by the amount proved to have been contributed on CSI by each financial institution.
12.2 CSI means projects that aim to uplift the standard of living of disadvantaged and marginalised communities,
including specific developmental projects through investment in strategic social infrastructure that
12.2.1 foster education,
12.2.2 create sustainable employment opportunities,
12.2.3. encourage technological advancement, and
12.2.4 develop entrepreneurial spirit.
12.3 The contribution required to be made in terms of paragraph 12.1 may be reduced by such amount as is
proved to have been spent on qualifying projects of each signatory, i.e. the contribution to established foundations.
12.4 Support may also be provided to initiatives that reduce the impact of socially disruptive diseases on the
Namibian communities, including, but not limited to, HIV and AIDS, tuberculosis (TB) and cancer.
12.5 Corporate social investment projects may include, but are not limited to, projects relating to
12.5.1 culture and heritage: Fostering cultural awareness and understanding, recognition of cultural
customs, ideas and heritage;
12.5.2 sport: Support of developmental programmes;
12.5.3 community: Education and training, welfare and development programmes, support in kind (staff
secondments, professional advice, use of assets and facilities, etc.). The emphasis will be on the creating of a developmental and self-sustaining effect where support is granted;
12.5.4 protection of the environment and promoting conservation of fauna and flora, and
12.5.5 road safety.
NAMIBIAN FINANCIAL SECTOR CHARTER
MAY 2009
13. CONSUMER PROTECTION AND EDUCATION
13.1 Regulatory and policy framework relating to banking institutions
13.1.1 The preamble of the Banking Institutions Act (Act 2 of 1998) states that the purpose of the Act is to
protect the interests of persons making deposits with banking institutions. The Banking Institutions Act does not explicitly authorise the Bank of Namibia to investigate and resolve consumer complaints, but does so merely on the basis of protecting the interest of depositors.
13.1.2 The Banking Institutions Act (Act 2 of 1998) offers no mandate on consumer education and
protection.
13.1.3 The Bank of Namibia is empowered to deal with undesirable practices.
13.1.4 Undesirable practices are defined and may be designated and Gazetted by the Minister.
13.1.5 The powers conferred on the Bank of Namibia under the Banking Institutions Act (Act 2 of 1998)
include the authority to
13.1.5.1 issue an order to a banking institution to remedy actions that are detrimental to
customers and the general public;
13.1.5.2 prohibit loans to be extended and assume control over the banking institution.
13.2 Regulatory and policy framework relating to banking institutions
13.2.1 The NAMFISA Act (Act 3 of 2001) is silent on NAMFISA’S role to investigate and resolve consumer
complaints. However, NAMFISA does deal with consumer complaints and has de-registered as well as taken legal action against various financial-service providers that were found to be in contravention of the law.
13.2.2 It is proposed to entrust to NAMFISA in new legislation specific powers relating to consumer
protection by setting market conduct standards and to establish an Adjudicator to deal with complaints from aggrieved consumers.
13.2.3 In this regard, NAMFISA collaborates with the industry associations NIA, NIBA, LAAN, AUTN,
NAMAF, etc.
NAMIBIAN FINANCIAL SECTOR CHARTER
MAY 2009
13.3 Opportunities
13.3.1 The following opportunities were identified for the industry to consider and pursue:
13.3.2 All role players should develop and enforce market conduct standards.
13.3.3 Namibia’s formal education system should be re-designed to include financial literacy at school
Level 1 and ABET systems for sustainable education purposes.
13.3.4 Public/private partnerships, in terms of educational programme using regional and local government
structures, should be explored as avenues for addressing the challenges in order to minimise cost.
13.4 Undertaking by the Namibian Financial Sector
13.4.1 All role players undertake to establish a strategy and budget specifically for consumer education.
This could be a collective scheme or sponsored individually by financial institutions.
13.4.2 The score-card will contain parameters that will reward any institution investigating more than 0.2%
of after-tax operating profits in consumer education. Consumer education has to include programmes aimed at providing consumers with knowledge to enable them to make more informed decisions about their finances and lifestyles.
13.4.3 The industry undertakes to manage consumer perceptions and sustain a consumer-driven industry.
13.4.4 The industry undertakes to become more consumer-oriented and to identify opportunities to sustain
the industry.
13.4.5 The industry undertakes to review national development plans as contained in the NDP1 and NDP2
documents, Vision 2030, the MDG strategy and SADC protocols and to then align its strategies accordingly.
13.4.6 Prevailing levels of consumer literacy should be determined by thorough investigation.
NAMIBIAN FINANCIAL SECTOR CHARTER
MAY 2009
14. IMPLEMENTATION AND MONITORING OF THE NFSC
14.1 The Namibian Financial Sector Charter Council
For the financial sector has been established a body, to be known as the Namibian Financial Sector Charter Council (NFSCC), to be responsible for overseeing the implementation, monitoring and enforcement of the Charter.
14.2 Composition of the Council
14.2.1 The Namibian Financial Sector Charter Council consists of the following members:
14.2.1 two representatives of the Ministry of Finance, to be designated by the signatories after
consultation with the Minister of Finance;
14.2.2 four representatives of financial institutions and associations, to be designated by the
signatories;
14.2.3 altogether four representatives of financial institutions; and
14.2.4 members co-opted under paragraph 14.1.2, if any.
14.2.2 The Council may, from time to time, co-opt persons with the skill and expertise in specific strategy
components to serve as members of the Council.
14.3 Functions of the Council
In addition to such functions as are specifically assigned to the Council by other provisions of this Charter, and without prejudice to the generality of the responsibilities of the Council mentioned in paragraph 14.1, its functions include the following:
14.3.1 Providing supervision of the implementation of the Charter
14.3.2 Ensuring consistency in the implementation of the Charter
14.3.3 Providing direction to the executive resource and the financial sector over the existence of the
Charter
14.3.4 Taking decisions affecting the Charter and its implementation
14.3.5 Deciding how fees for the NFSCC will be raised
NAMIBIAN FINANCIAL SECTOR CHARTER
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14.4 Executive resource
The Council shall appoint an executive resource to perform the day-to-day functions of the Council in order to ensure proper administration and implementation of the Charter, including the following:
14.4.1 Executing decisions taken by the board
14.4.2 Serving as a communication medium between the Council and the financial sector
14.4.3 Ensuring that ratings are performed by each party required to be rated
14.4.4 Ensuring that such ratings are audited
14.4.5 Setting a time table to ensure that reviews and ratings are completed timeously
14.4.6 Setting a time table to ensure that the ratings done by financial institutions are audited
14.4.7 Setting dates by which annual reports from financial institutions are to be submitted taking into
account the financial year end of each institution
14.4.8 Attending to and assisting in resolving problems experienced in the review and rating process;
14.4.9 Receiving audit reports on the rating of each financial institution
14.4.10 Providing reports on compliance with the Charter by the financial institutions to relevant
stakeholders.
14.5 Audit of the ratings
The audit of ratings performed on financial institutions shall be carried out by each financial institution’s current external auditors or a rating agency recognised by the Council.
14.6 Finances
Financial institutions are required to contribute an annual fee for the operational requirements of the Council in accordance with the criteria determined by the Council.
14.7 Reporting
Each financial institution shall submit an annual report to the Council on the progress of its implementation of the Charter by dates determined by the executive resource.
NAMIBIAN FINANCIAL SECTOR CHARTER
MAY 2009
15. SCORE-CARD AND TRANSFORMATIONAL TARGETS
The score-card forms an integral part of the NFSC and shall be used as a tool to monitor and measure progress by a financial-sector institution. It may be used by
15.1 each signatory as a basis for self-assessment of its BBEE endeavours;
15.2 the NFSC as a means of evaluating Namibianisation and BBEE progress in the sector;
15.3 Government in the adjudication of contracts awarded to financial institutions; and
15.4 the private sector in the awarding of contracts to financial institutions.
NAMIBIAN FINANCIAL SECTOR CHARTER
MAY 2009
Core Components BEE Elements Weighting
(points)
Indicators Indicator
Weighting
Targets
2014 2019
Ownership and Control
Ownership 18
Exercisable Voting Rights in the Enterprise in the hands of BBEE Beneficiaries 2 25% + 1 vote 25% + 1 vote Exercisable Voting Rights in the Enterprise in the hands of Women BBEE Beneficiaries 1 8% 8% Economic Interest in the Enterprise to which BBEE Beneficiaries are entitled 4 20% 20% Economic Interest in the Enterprise to which Women BBEE Beneficiaries are entitled 2 8% 8% Net Equity Value 6 20% 20% Namibianisation 3 40% 40% Control 8 Exercisable Voting Rights of BBEE Beneficiaries Board members 4 40% 50% Exercisable Voting Rights of Women BBEE Beneficiaries on the Board 2 11% 20% Namibianisation 2 40% 40% Human Resources Development Employment Equity 15 BBEE Beneficiaries in Executive Management 5 25% 50% Women BBEE Beneficiaries in Executive Management 2 10% 20% BBEE Beneficiaries in Middle and Junior Management 4 30% 60% Women BBEE Beneficiaries in Middle and Junior Management 2 10% 20% Namibianisation 2 40% 40% Skills Development 10 Investment in Skills Development as a percentage of payroll 8 2% 2% Namibianisation 2 40% 40% Preferential Procurement and Enterprise Development Preferential Procurement 20 B-BBEE Procurement Spending from all Suppliers based on the B-BBEE Procurement Recognition Levels as a percentage of Total Measured Procurement Spending 20 30% 60% Enterprise Development 8 Value of all Enterprise Development Contributions as a percentage of profit after tax 8 1% 2%
NAMIBIAN FINANCIAL SECTOR CHARTER
MAY 2009
Corporate Social Investment
(CSI)
CSI 4
Value of all CSI
Contributions as a percentage of the profit after tax 4 0.25% 0.25% Consumer Education 2 Value of all Consumer Education Contributions as a percentage of the profit after tax 2 0.2% 0.2% Empowerment financing Banking institutions 15 BEE transaction financing as percentage of business loans 9 2% 4% BEE SME financing as percentage of business loans 6 2% 2% Bonus Points Commitment of 5% of investment portfolios for investment in BBEE companies 5 2% 2% Access and affordability of financial products Bonus Points Points based on meeting targets set out by the Measured Entity 5 Total Element Weighting 100 Indicator Weighting 100 Key Bonus Points
16. COMPLIANCE MEASUREMENTS
16.1 A standard report, to be submitted annually, should be used for reporting BEE spending.
16.2 The report should verify BBEE supplier status and be accredited by Government verifying agencies.
16.3 The only reliable evidence of the compliance of any business is a verification certificate issued annually by an
accredited verification agency. This verification certificate will be valid for 12 months only.
NAMIBIAN FINANCIAL SECTOR CHARTER
MAY 2009
17. APPENDIX A: SIGNATORIES TO THE NAMIBIAN FINANCIAL SECTOR
CHARTER (NFSC)
Bankers Association
Long-Term Insurers
Short-Term Insurers
Association of Collective Investments
Association of Fund Managers
Association of Micro-Lenders
Retirement Fund Institute of Namibia
Development Bank of Namibia
NamPost
GIPF (Government Institutions Pension Fund)
SSC (Social Security Commission)
Namibian Stock Exchange, including registered Stock-Brokers Medical Aid Funds Medical Aid Administrators NIBA AIM AgriBank NIA (Namibian Insurance Association)
NAMIBIAN FINANCIAL SECTOR CHARTER
MAY 2009
18. APPENDIX B: WORK-STREAM PARTICIPANTS
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Source: Namibia Financial Institutions Supervisory Authority — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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