members may recover more than they contributed. At the commencement of that year members would not know into which category they could fall. But by being a member they throw in their lot with other members. The purpose of the fund and its characteristics determined by the MAF Act accord with the social solidarity principle emphasised by the ECJ as a crucial factor in determining whether an entity is an undertaking for the purpose of the provisions in the Treaty regulating competition. These features accentuate the social purpose of funds as part of social security facilitated by the MAF Act. are thus highly regulated in the public interest to protect their members and ensure that the business of a fund is conducted within the confines of the Act. The legislature has provided this protective framework in the interest of members. This is no doubt because of the statutorily endorsed social function funds perform where members subsidise each others’ medical costs on a principle of social solidarity thus rendering access to expensive medical services as widely as possible. It is plainly in the public interest that as many people as possible enjoy the benefits of fund members (to receive assistance in defraying medical expenses) to relieve the public purse from providing those medical services to those members. The purpose of the MAF Act is not only for control to be exercised over funds but is also, according to its long title, to promote funds because of the useful societal function they perform. Whilst funds are businesses in the form of enterprises and are statutorily enjoined to apply sound business principles in their operations (to protect members’ interests and ensure the solvency of funds), these considerations do not mean that their economic activity is market related for the purpose of achieving a
members may recover more than they contributed. At the commencement of that year members would not know into which category they could fall. But by being a member they throw in their lot with other members. The purpose of the fund and its characteristics determined by the MAF Act accord with the social solidarity principle emphasised by the ECJ as a crucial factor in determining whether an entity is an undertaking for the purpose of the provisions in the Treaty regulating competition. These features accentuate the social purpose of funds as part of social security facilitated by the MAF Act. are thus highly regulated in the public interest to protect their members and ensure that the business of a fund is conducted within the confines of the Act. The legislature has provided this protective framework in the interest of members. This is no doubt because of the statutorily endorsed social function funds perform where members subsidise each others’ medical costs on a principle of social solidarity thus rendering access to expensive medical services as widely as possible. It is plainly in the public interest that as many people as possible enjoy the benefits of fund members (to receive assistance in defraying medical expenses) to relieve the public purse from providing those medical services to those members. The purpose of the MAF Act is not only for control to be exercised over funds but is also, according to its long title, to promote funds because of the useful societal function they perform. Whilst funds are businesses in the form of enterprises and are statutorily enjoined to apply sound business principles in their operations (to protect members’ interests and ensure the solvency of funds), these considerations do not mean that their economic activity is market related for the purpose of achieving a
Namibian%20Association%20of%20%20Medical%20Aid%20Fund%20v%20Namibia%20Competition%20Commission%20(SA%2018%20-%202016)[2017]%20NASC%20(19%20July%202017).docx