The Ministry of Finance, Planning and Economic Development on Tuesday launched the Insurance Appeals Tribunal, an independent body that will review decisions made by the Complaints Bureau of the Insurance Regulatory Authority.
Although Insurance penetration in Uganda is still low, the industry is developing step by step but lack of public confidence has always been a dent in its development.
As a way of solving issues, the Insurance Regulatory Authority together with the Ministry of Finance came up with the formation of the Insurance Appeals Tribunal.
Speaking during the launch at Mestil Hotel on Tuesday, Rita Namakiika Nangono – the tribunal chairperson noted that the existence of an appeals mechanism through the tribunal would help ensure regulatory and supervisory decisions made within the law are consistent and well reasoned.
“The Tribunal was established as part of the reforms under the amendment of the Insurance Act in 2017. As part of the general reforms related to complaint handling with the others being the Complaints Bureau and The Omudsman, the Tribunal will help solve insurance disputes which would have otherwise been subject to lengthy court processes. This will help build confidence and improve the image of the insurance sector,” she said.
Mrs Namakiika also explained that the role of the Tribunal in the system of administrative law is to review administrative decisions on the merits: that is, to consider afresh the facts and law relevant to a decision under review and decide whether that decision should be affirmed, varied or set aside.
“I am confident that the Tribunal will offer an independent, fair and high-quality review of administrative decisions for the good of the insurance industry and the country at large. The Members of the Tribunal are appointed by the Minister of Finance, Planning and Economic Development after a rigorous vetting process. There is no doubt in mind that they are going to do a splendid job in dispensing their duties,” she said.
The long-awaited Insurance Appeals Tribunal (IAT) is an establishment provided under Section 137(1) of the Insurance Act 2017. Before this act, all disputes were settled by the Minister of Finance.
According to the Chief Executive Officer of the Insurance Regulatory Authority of Uganda, Alhaj Kaddunabbi Ibrahim Lubega, the long-awaited Appeals Tribunal will provide an accessible and efficient alternative to any person dissatisfied with the decision of the Insurance Regulatory Authority to appeal instead of going through the lengthy and costly court process as it has been.
“The Tribunal will provide an independent and impartial dispute resolution given the mandate that has been bestowed upon it by the law. The Appeals Tribunal will definitely go a long way to enhancing trust and confidence in the insurance complaints management mechanism. As a regulator, one of our core functions is policyholder protection. Among other things, we receive and give rulings on complaints. We are optimistic that with the Appeals Tribunal in place to provide a quality assurance check, the public’s confidence in the entire process will be enhanced,” he said.
Alhaj Lubega added that the Tribunal can uphold, reverse or revoke the decision of the IRA. It can also decide to remit the cause back to the IRA with or without guidance for reconsideration.
While launching the IAT, the Minister of Finance for General Duties, Hon. Henry Musasizi represented by Alhaj Lubega, appreciated the increase in insurance penetration and revealed that the government will ensure that the Tribunal is well-facilitated and well-staffed.
“The law has set timelines within which disputes must be settled. Since the Tribunal was set up in March, it has already been handled on appeal. I commend the members for the service,” he said.
The Head of the Commercial Division of the High Court, Justice Stephen Mubiru advised the members of the tribunal to be visible so that the public knows them.
“You should be able to inspire confidence by delivering sound decisions based on facts and the law. Also remain visible and relevant so that your services are utilised, and be independent in all your decisions by being fair,” he said.
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