Legal Shield back in court

LAWYERS involved in what looks set to be a drawn-out and bitterly fought court battle between the Namibia Financial Institutions Supervisory Authority and legal assistance insurance company Legal Shield were back in the High Court yesterday for a second face-off in two weeks.

When Acting Judge Hosea Angula started hearing the urgent application from Legal Shield against Namfisa yesterday afternoon, it appeared certain that the hearing – the second urgent one involving the two sparring institutions in nine days – was set to continue into the evening, or until late in the afternoon at least. The application before Acting Judge Angula was from Legal Shield, which was asking the court to order Namfisa to disclose to Legal Shield a host of documentation on the company that it might have in its possession.The company claims that it needs insight into the documentation to enable it to prepare for its pending courtroom showdown with Namfisa, which is now scheduled to take place on November 11 and 12.Namfisa has, however, given notice that it will oppose the request for the documentation to be disclosed to Legal Shield.A collection of disputes between Namfisa and Legal Shield are set to come to a head in the hearing from November 11.These include a bid by Legal Shield to get the High Court to declare that its ‘Winna Mariba’ television game show does not constitute an infringement of the Short-Term Insurance Regulations, and a bid by Namfisa – which came in the form of a surprise urgent application in the High Court on Tuesday last week – to have a curator appointed to take over the running of Legal Shield.According to Namfisa, its legal action was the result of investigations that it had conducted into Legal Shield’s business activities, and an alleged failure on the part of the company to adequately address concerns that the regulatory authority had over what it claimed were irregularities in Legal Shield’s way of doing business.Legal Shield Managing Director Quinton van Rooyen has struck back at Namfisa, accusing it of “a biased and vexatious approach” against his company.He claimed last week that Legal Shield was very healthy financially, that it held more than double the margin of reserves required by regulation, and that there was “not the slightest risk” that the company would not be able to fulfil its obligations to its policyholders.Senior counsel Dave Smuts, assisted by Raymond Heathcote, and instructing attorney Christie Mostert were in court in Legal Shield’s corner yesterday.Patrick Kauta of the firm Kauta Basson & Kamuhanga Inc appeared for Namfisa.The application before Acting Judge Angula was from Legal Shield, which was asking the court to order Namfisa to disclose to Legal Shield a host of documentation on the company that it might have in its possession.The company claims that it needs insight into the documentation to enable it to prepare for its pending courtroom showdown with Namfisa, which is now scheduled to take place on November 11 and 12.Namfisa has, however, given notice that it will oppose the request for the documentation to be disclosed to Legal Shield.A collection of disputes between Namfisa and Legal Shield are set to come to a head in the hearing from November 11.These include a bid by Legal Shield to get the High Court to declare that its ‘Winna Mariba’ television game show does not constitute an infringement of the Short-Term Insurance Regulations, and a bid by Namfisa – which came in the form of a surprise urgent application in the High Court on Tuesday last week – to have a curator appointed to take over the running of Legal Shield.According to Namfisa, its legal action was the result of investigations that it had conducted into Legal Shield’s business activities, and an alleged failure on the part of the company to adequately address concerns that the regulatory authority had over what it claimed were irregularities in Legal Shield’s way of doing business.Legal Shield Managing Director Quinton van Rooyen has struck back at Namfisa, accusing it of “a biased and vexatious approach” against his company.He claimed last week that Legal Shield was very healthy financially, that it held more than double the margin of reserves required by regulation, and that there was “not the slightest risk” that the company would not be able to fulfil its obligations to its policyholders.Senior counsel Dave Smuts, assisted by Raymond Heathcote, and instructing attorney Christie Mostert were in court in Legal Shield’s corner yesterday.Patrick Kauta of the firm Kauta Basson & Kamuhanga Inc appeared for Namfisa.