The Supreme Court has ruled in favour of the Minister of Finance for the recusal of Acting Judge Theo Frank from the appeal of the Minister against some insurance companies. Acting Judge Theo Frank, according to a statement issued by the Ministry of Finance, did not disclose his interest in insurance companies when the appeal was heard by the said judge. The Supreme Court also reversed the dismissal of the government’s leave to appeal last year by Justice Masuku. In a judgement by Justice Petrus Damaseb, which was agreed to by Justices Elton Hoff and Bess Nkabinde, The Supreme Court said the government had more reasonable prospects of success with its appeal. Finance Minister Calle Schlettwein argued that Acting Justice Frank had ties with the insurance industry and therefore should not have adjudicated the case. The minister stated, in a media briefing, that the acting judge argued for the insurers and that Nedlife holdings company, where Judge Frank holds the chairmanship, was one of the litigants in the main case. In the main case, the Minister of Finance wanted insurance companies to reinsure their business with NamibRe and also to pay 12,5% of each contract valued over N$100 000 also with 20% of the value of each of the reinsurance contract with NamibRe. The Supreme Court said Justice Frank was required to disclose his interest to the parties, which he did not. The court also held that it was unnecessary to consider other aspects raised such as Justice Frank’s directorship and now chairman of companies in the industry where he was still receiving substantial payments from these companies. The Minister of Finance welcomed the ruling saying that it will strengthen reinsurance in Namibia and also end the current outflow of reinsurance premiums from the domestic economy. The Supreme Court upheld the government’s appeal with cost.