THE PRESSURE AND PLEASURE OF COMPENSATION AWARDS 

Since the NCT started registering claims for various atrocities committed by Government between 1964 and i994 the register has swollen to staggering figure of 12!137. Only 3,793 of these have had full or interim compensation. Thus over 8,000 are still on the queue waiting for their turn. In terms of actual registration numbers the Tribunal is currently dealing with file numbers between 6,000 and 6,700. For those files where the registration number is below 6,000 and have not yet been invited for assessment it means that either there is no evidence on file or the file belongs to a member of a large family of claimants or is under investigation for improper procedures. There are families with over 20 claimants who might have registered at the same time. Similarly there could be serialized registration numbers for claimants from one village or district in excess of 500 files. The Tribunal cannot call such claimants according to their registration numbers. There is a cut off point and the rest of the claimants are drifted into the assessment list monthly without fail until all of them are paid. The Tribunal must ensure a reflection of its national entity. At the same time it should be mentioned that in areas where there are a lot of claimants like Mchinji and Mangochi, the probability of having a lot of false claimants equally exists. There have been false claimants who have attended assessments posing as if they were genuine claimants. It is a pleasure for everyone to have money especially these days when you often hear of 'TANSTAFL doctrine." 

(There Aint No Such Thing As Free Lunch doctrine) The claimants too would wish to have compensation money paid to them with a view that they should fend for their families. These claimants have put pressure on the Tribunal to pay them. Unfortunately the Tribunal does not have money of its own. It relies on funding from Government. There are claimants who have formed their own associations or committees. Some of these committees comprise of claimants who were paid interim compensation already but are now agitating for full compensation. Sadly, even their approach is antagonistic. The Tribunal wishes to advise such associations or committees that the appropriate channel for increased funding is for the members to request their Members of Parliament to bring to the attention of Parliament the plight of the claimants and need for adequate funding. It should not be the main aim or objective of an association or committee to force the Tribunal to pay additional compensation. As is often the case of some misguided claimants who after getting the maximum K20,000.00 interim compensation they complain to the Ombudsman that the Tribunal is not giving them some more assistance. If indeed you were appropriately paid your interim compensation the question of applying pressure on the Tribunal to induce monetary pleasure would be a waste of effort. The Rules under which the Tribunal is operating are clear and transparent. The idea of associations or committees is welcome but the agenda should be to broaden the financial base for compensation fund e.g. holding of fund raising activities. Let such forum be a constructive platform on how to forge ahead. Only if you are fighting for all claimants shall your cause succeed because everyone shall hear your voice, see and feel your plight, be touched and felt by your presence and above all extend their hand to you. 

Justice Chimasula Phiri
CHAIRMAN - NATIONAL COMPENSATION TRIBUNAL