Constitution of the Republic of Malawi
Winding-up of the National Compensation Fund
Chapter XIII National Compensation Tribunal
- Jurisdiction
- Malawi
- Provision
- 145
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source(1) The National Compensation Fund shall cease to be charged with new claims for compensation not later than ten years after the commencement of this Constitution at which time the National Compensation Tribunal shall dissolve. (2) If, with respect to any year within the period prescribed in subsection (1), and after the second year of it coming into existence, less than ten applications are made to the National Compensation Tribunal, then the Chairman of the Tribunal may direct the Minister responsible for Finance to lay before the National Assembly a Bill— (a) to dissolve the National Compensation Tribunal; and (b) to confer on the High Court jurisdiction equivalent to that of the National Compensation Tribunal to determine claims against the Government within the meaning of this Chapter. (3) Where the National Compensation Tribunal has been dissolved, for the remaining duration of the period prescribed in subsection (1) the uncommitted residue of the Fund shall remain a separate fund within the accounts of the Consolidated Fund which shall be drawn upon by the Minister responsible for Finance in respect of awards made by the High Court in relation to claims that would otherwise have been determined by the National Compensation Tribunal. (4) The National Compensation Fund shall continue until there is no longer a committed residue.
Source record
Source and verification
Constitution of the Republic of Malawi · malawilii.org · Retrieved 17 August 2026.
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