Malawi Act or statute

Malawi legislation

National Compensation Tribunal (Miscellaneous Provisions) Act, 1995

This provision gives the Act its short title. This section defines key terms used in the Act, including agent, claim, claimant, Fund, Public Appointments Committee, Representatives, and Tribunal.…

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Jurisdiction: Malawi
Structure: 15 provisions
Citation: Act 8 of 1995
Official identity: Year 1995
Dates: Enacted 1995 · Source version 31 Dec 2014

More statute details

Official identity: Year 1995
Dates: Enacted 1995 · Source version 31 Dec 2014

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Purpose and legislative effect

“This provision gives the Act its short title.”

This provision gives the Act its short title. This section defines key terms used in the Act, including agent, claim, claimant, Fund, Public Appointments Committee, Representatives, and Tribunal. The Chief Justice must make rules prescribing the Tribunal’s procedures under section 140 of the Constitution, and those rules must be published in the Gazette. The Public Appointments Committee appoints additional Tribunal members on the Chief Justice’s recommendation, and the Chief Justice must act on the Chairman’s requests when making those recommendations. The Tribunal may set deadlines for claims, but any final deadline for registering claims must be given at least 24 months’ notice.

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Enacted 1995 · Source version 31 Dec 2014. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Short title

This provision gives the Act its short title.

Section 1

Deadlines

The Tribunal may set deadlines for claims, but any final deadline for registering claims must be given at least 24 months’ notice.

Section 5

Oral testimony

The Tribunal must provide people an opportunity to give oral testimony, at the district centre or another place it appoints, before Tribunal officers authorized to take evidence.

Section 8

Assessment of loss

When deciding an award, the Tribunal must consider specified loss factors and must not add interest or post-event business earnings.

Section 12

Power to amend the Schedule

The Minister may amend the Schedule by Order in the Gazette, but only on the Chief Justice’s recommendation and the Chairman of the Tribunal’s request. The prescribed amount for section 10(c) is K10,000.

Section 15

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Source record from malawilii.org · Enacted 1995 · Source version 31 Dec 2014

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Showing 15 of 15 provisions

Provision 12Short titleInterpretationAmendment

§ 1Short titleShort title

This provision gives the Act its short title.

1. Short title This Act may be cited as the National Compensation Tribunal (Miscellaneous Provisions) Act.

Section 1Verify source

§ 2InterpretationInterpretation

This section defines key terms used in the Act, including agent, claim, claimant, Fund, Public Appointments Committee, Representatives, and Tribunal.

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]

Section 2Verify source

§ 3Rules of Procedures of the TribunalProvision

The Chief Justice must make rules prescribing the Tribunal’s procedures under section 140 of the Constitution, and those rules must be published in the Gazette.

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 .

Section 3Verify source

§ 4Members of the TribunalProvision

The Public Appointments Committee appoints additional Tribunal members on the Chief Justice’s recommendation, and the Chief Justice must act on the Chairman’s requests when making those recommendations.

4. Members of the Tribunal (1) In addition to the Chairman, there shall be such other members of the Tribunal as the Public Appointments Committee shall, from time to time, appoint on the recommendation of the Chief Justice. (2) In recommending persons for appointment under subsection (1), the Chief Justice shall act upon requests made to him in that behalf by the Chairman of the Tribunal . [6 of 1996]

Section 4Verify source

§ 5DeadlinesProvision

The Tribunal may set deadlines for claims, but any final deadline for registering claims must be given at least 24 months’ notice.

5. Deadlines (1) The Tribunal may prescribe such deadlines as may be required for the expeditious determination of claims or categories of claims, but no final deadlines for the registration of claims or categories of claims shall be fixed upon less than twenty-four months’ notice. (2) The Tribunal shall have the discretion to extend or waive deadlines prescribed under subsection (1) in exceptional circumstances in the interest of justice. [6 of 1996]

Section 5Verify source

§ 6Forms of reparationProvision

The Tribunal should try to recommend or award appropriate forms of reparation to claimants, following its procedure rules.

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— (a) formal acknowledgment and apology; (b) medical care; (c) establishment of memorials; (d) job retraining; (e) pensions; (f) restitution of property; (g) bonds, shares and share options; (h) monetary compensation by way of a lump sum or instalments; and (i) negotiated settlements with the Government or any other party in relation to the claim . [6 of 1996]

Section 6Verify source

§ 7Oral hearingProvision

Claims are normally decided on written submissions, unless the Tribunal grants leave for an oral hearing.

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]

Section 7Verify source

§ 8Oral testimonyProvision

The Tribunal must provide people an opportunity to give oral testimony, at the district centre or another place it appoints, before Tribunal officers authorized to take evidence.

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]

Section 8Verify source

§ 9Reasons for decisionsProvision

The Tribunal must give reasons for its decisions.

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]

Section 9Verify source

§ 10Section 10Provision

This section sets rules for how Tribunal claims are heard by single or multiple members, including when at least two members are required and when a member must declare an interest.

10. Composition of panels Claims shall be determined by a single member of the Tribunal subject to the following rules— (a) matters of principle shall be decided by all members wherever possible and in any event by not less than two members; (b) claims shall not be dismissed, awards revised or requests for oral hearings refused by less than two members; (c) claims greater than the amount set out in the Schedule shall be determined by at least two members; (d) claims determined by one member may be referred by that member to the Chairman of the Tribunal who may refer the case to two or more other members; (e) any member who has an interest in any case before him shall declare that interest and refer the case to the Chairman of the Tribunal for reassignment; (f) in determining a case, a panel may refer any outstanding matter relating to quantum to a single member for recommendation upon consultation with the Chairman of the Tribunal , provided that the rules set out in paragraphs (a) to (e) of this section are complied with. [6 of 1996]

Section 10Verify source

§ 11Declaration of suspicion of interestProvision

A claimant who suspects a Tribunal member has an interest or bias must declare the concern and reasons in writing to the Chairman before the case is sent to a panel. The Chairman must then inquire and reassign the case if the claimant’s bias concern is not unreasonable, even if actual bias is not proven.

11. Declaration of suspicion of interest (1) Any claimant who has reason to believe that a member of the Tribunal has an interest in the case or would otherwise be biased shall declare such concern and the reasons therefor in writing to the Chairman of the Tribunal prior to referral of the case to a panel of members for determination. (2) Upon receipt of any declaration under subsection (1), the Chairman of the Tribunal shall inquire into the matter and shall reassign the case if the claimant ’s concerns of bias are not unreasonable whether or not bias exists in fact. [6 of 1996]

Section 11Verify source

§ 12Assessment of lossProvision

When deciding an award, the Tribunal must consider specified loss factors and must not add interest or post-event business earnings.

12. Assessment of loss (1) In determining an award, the Tribunal shall take into account such factors as it deems appropriate, including— (a) the loss or injury suffered by the claimant and in this regard shall also take into account the mental or psychological elements of the loss or injury, but shall not make separate awards for such elements; (b) the interests of third parties affected by its determination; (c) the conduct of the claimant including, but not limited to, his conduct which has contributed to the losses or injuries suffered by other claimants; (d) steps taken by the claimant to minimize the loss or injury; (e) receipt or availability of other forms of reparation; (f) such other equitable considerations as the Tribunal deems appropriate. (2) In determining an award, the Tribunal shall not include any element in respect of interest or loss of business earnings subsequent to the event giving rise to the loss, and in addition, the Tribunal may exclude such other elements of loss which it deems to hinder the expeditious determination of claims or introduce arbitrary distinctions between claimants. [6 of 1996]

Section 12Verify source

§ 13Categorization of claimsProvision

The Tribunal must set up fast procedures for small claims and may prioritize cases on humanitarian grounds.

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]

Section 13Verify source

§ 14Expert guidanceProvision

The Tribunal may appoint assessors and experts when needed to help with research, fact-finding, and guidance.

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]

Section 14Verify source

§ 15Power to amend the ScheduleAmendment

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] Schedule The amount prescribed for the purposes of section 10(c) shall be K10,000. [ss. 10(c) and 15(6) of 1996]

Section 15Verify source

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31 Dec 2014 · currentEnglish

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