Malawi
National Compensation Tribunal (Miscellaneous Provisions) Act
Chapter 3:06
- Commenced on 17 May 1995
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short title
This Act may be cited as the National Compensation Tribunal (Miscellaneous Provisions) Act.2. Interpretation
In this Act, unless the context otherwise requires—“agent” means a person appointed by a claimant to act on behalf of the claimant;“claim” means an application by, or on behalf of, a claimant or joint claimants addressed to the Tribunal for an award in respect of a loss or injury;“claimant” means a person who suffered loss or injury or a person who has at law inherited an entitlement to claim in respect of a loss or injury, and includes a dependant of a claimant and representative, but does not include an agent;“Fund” means the National Compensation Fund established under section 144 of the Constitution;“Public Appointments Committee” means the Public Appointments Committee of the National Assembly established under section 56(7) of the Constitution;“Representatives” means—(a)a person through whom a claim is brought by a person beneficially entitled to claim but lacks legal capacity to act; or(b)a person who is authorized to act for another person, including a family unit.“Tribunal” means the National Compensation Tribunal established under Part XIII of the Constitution.[6 of 1996]3. Rules of Procedures of the Tribunal
The procedures of the Tribunal required under section 140 of the Constitution shall be prescribed by the Chief Justice by rules published in the Gazette.4. Members of the Tribunal
5. Deadlines
6. Forms of reparation
The Tribunal shall endeavour to recommend or award one or more forms of reparation to claimants which are most appropriate in the circumstances of the case and to do so in accordance with its rules of procedure. These forms of reparation shall include—7. Oral hearing
Subject to section 8, claims shall be determined on the basis of written submissions unless the Tribunal grants leave to an oral hearing before the member or members of the Tribunal determining the claim.[6 of 1996]8. Oral testimony
The Tribunal shall ensure that persons shall be provided with an opportunity to present oral testimony at the district centre or at any other place appointed by the Tribunal to officers of the Tribunal authorized to take evidence, and such opportunity shall be provided on an annual basis or may be provided more often if the Tribunal so determines.[6 of 1996]9. Reasons for decisions
The Tribunal shall give reasons for its decisions which may be specific to a claim or relate to a category of claims.[6 of 1996]10. Composition of panels
Claims shall be determined by a single member of the Tribunal subject to the following rules—11. Declaration of suspicion of interest
12. Assessment of loss
13. Categorization of claims
The Tribunal shall establish expeditious procedures to deal with small claims and shall have discretion to give priority to cases on humanitarian grounds.[6 of 1996]14. Expert guidance
The Tribunal shall have power to appoint such assessors and experts as may be required to carry out research and provide needed guidance in establishing facts and sound principles for the performance of the functions of the Tribunal.[6 of 1996]15. Power to amend the Schedule
The Minister may, on the recommendation of the Chief Justice acting on the request of the Chairman of the Tribunal, amend the Schedule by Order published in the Gazette.[6 of 1996]History of this document
31 December 2014 this version
Consolidation
17 May 1995
Commenced