MALAWI:   COMPANSETION  ACT,  2000                                                     MALAWI SDNP
 
 
 
 PART X-APPEAL
 
Establishment  
of Workers'  
Compensation  
Tribunal		 52.  (1) There shall be established a Workers' Compensation Tribunal, 
             which shall have the jurisdiction, powers and authorities conferred 
             upon it under this Part. 

       (2) The Workers' Compensation Tribunal shall consist of the following- 

             (a) one member, not being a public servant appointed by the 
                  Minister who shall be the Chairman; 

             (b) one person being a member of the Employers' Consultative 
                  Association of Malawi; 

             (c) one person being a member of a registered trade union; 

             (d) one person from the Medical Association of Malawi; 

             (e) one member from the Law Society of Malawi; 

              (f) one member from the Insurance Association of Malawi; 
                  and 

             (g) one person being a member of the Nurses and Midwifes 
                  Council of Malawi. 

       (3) Members of the Tribunal shall hold office for such period and 
             upon such conditions as to remuneration and otherwise as the Board 
             may determine. 

       (4) Members of the tribunal shall elect one member amongst themselves 
             to be Vice-Chairman. 

       (5) No matter or thing done by the Chairman, Vice Chairman or any 
             member officer or agent of the Workers' Compensation Tribunal, if 
             done bonafide in the execution or purported execution of this Act 
             shall subject any such person to any action, claim, liability or demand 
             whatsoever. 
 
Proceedings of  
workers'  
Compensation  
Tribunal		 53. (1) The Chairman shall preside at all meetings of the Workers' 
            Compensation Tribunal. 
 
       (2) All matters considered by the Workers' Compensation Tribunal shall 
            be decided by the votes of a majority of the members present. In the 
            event of an equality of vot es, the Chairman shall have a casting vote 
            in addition to his deliberative vote. 

      (3) A record shall be kept of all proceedings of the Workers' 
           Compensation Tribunal, including a summary of any evidence given 
            before it. 

     (4) Any interested party/parties may appear in person or may be 
          represented before the Workers' Compensation Tribunal by a Legal 
          Practitioner. 

     5) The Chairman of the Workers' Compensation Tribunal after 
          consultation with other members of the tribunal may, with the approval 
          of the Minister, make rules regulating the procedure of such Tribunal: 

          Provided that such rules do not contravene accepted rules of the 
          High Court. 
 
Appeals to  
workers'  
workers'  
 		 54. Any person aggrieved by any decision of the Commissioner or Board 
      made in pursuance of any power which they may exercise Compensation 
      under this Act may appeal to the Workers' Compensation Tribunal 
      Tribunal within thirty days of receipt by him of the notification of such 
      decision, and such court may either confirm or reverse the decision so 
      appealed against or may make such other order as to such court may 
      seem just. 
 
 
Powers of  
Workers'  
Compensation  
Tribunal 		 55. (1) The Workers' Compensation Tribunal shall have powers upon the 
            hearing of an appeal under section 54- 
 
           (a) to enter and inspect, authorise any person to enter and inspect, or 
                examine any premises of interested persons for the purpose of 
                enabling it to determine any question being considered by it; 

           (b) to administer oaths and to order persons to attend and give 
                 evidence or to produce or give discovery and inspection of 
                 documents in like manner as in proceedings in the High Court; 

            (c) to award costs of any proceedings before it and direct that such 
                 costs shall be taxed upon such scale and in such manner as 
                 may be prescribed by rules made under section 34, or to award a 
                 specific sum as costs; and 

           (d) to do all things which it is required or empowered to do by 
                or under this Act. 

     (2) The proceedings of the Workers' Compensation Tribunal shall, for all 
           purposes, be considered as judicial proceedings. 
 
Appeals from  
the Workers'  
Compensation  
Tribunal		 56.  (1) Save as otherwise provided in this section, the decision of the 
            Workers' Compensation Tribunal shall be final. 

       (2) An appeal shall lie to the High Court from any order of the 
            Workers' Compensation Tribunal on any point of law but not on any 
            matter of fact. Upon such appeal the High Court may make such 
            order as it thinks proper, including any direction as to costs. 

      (3) An appeal shall lie to the Supreme Court of Appeal from the High 
           Court on any point of law but not on any matter of fact.