BACKGROUND

National Compensation Tribunal is an institution established in 1994 under Section 137 of the Constitution of the Republic of Malawi to process claims for compensation in respect of alleged criminal and civil liability of the previous One Party Government of Malawi

WHO CAN CLAIM

Every person who, on political grounds between 6th July 1964 and 17th May 1994 

1. Was wrongfully imprisoned,
2. Was forced into exile,
3. Personally injured,
4. Lost property/business,
5. Lost education opportunity, or
6. Lost employment benefits.
7. Born in exile/detention

Each person should claim in his/her own right regardless of age. In situations where a prospective claimant is dead, his/her family can claim on his/her behalf.  Those who forwarded their claims to the High Court and the claims were settled or dismissed, are not eligible to claim. 

HOW TO CLAIM

Every person wishing to make a claim writes the Tribunal the nature and basis of his or her claim. Claims are registered by number in series upon receipt of letters or written statements of complaints. The numbers are very important because they determine the order for assessment and payment. After the registration of the claim, a written notice of registration is sent. Registration will end in the year 2004, nevertheless, compensation will still continue. 

CLAIMS BY AGENTS

A Claimant may appoint agents e.g. lawyers, to represent him or her. Every person acting as an agent should produce evidence satisfactory to the Tribunal regarding his authority to act as an agent of the claimant. This includes a letter of authority containing the signature or other identification mark of the claimant. The claimant has the right to terminate the agency at any time and notify the Tribunal by writing a letter.  A claim may be withdrawn at anytime and an made by the Tribunal to that effect. 

ASSESSMENT OF CLAIM

For matters to be assessed whether in the normal and ordinary way or under the expedited assessment because of ill health or old age, there must be evidence on the file in support of the claim.  

Acceptable Evidence 

• Detention Order. 
• Letter from Police.
• Letter from Prison. 
• Dismissal letter from employer. 
• Dismissal letter from school. 
• Refugee identity card. 
• Letter from UNHCR. 
• Cash sale Receipt. 
• Blue Book (Vehicle Registration Book). 
• Letter from Ministry of Relief and Rehabilitation. 
• Medical Report. 
• Prison Discharge Certificate. 
• Affidavit (where necessary). 

When a claim is ready for assessment, the Tribunal notifies the claimant. On the date of assessment the Chairman and Board Members assess the claim. This is done in the presence of the claimant or agent. 

PAYMENT OF MONETARY AWARDS

Payments of monetary awards to successful claimants are made expeditiously and for a cheque to be released a documentary evidence such as passport or driving license or other acceptable identification documents should be produced. If the claimant does not have such documents someone who has such documents and knows the claimant personally can identify the claimant. Those who are represented payment is made directly to the representative and the Tribunal does not entertain any claims in respect of fees charged by agents. In the event that an ward has been made to a deceased or a minor claimant, the award is paid through the District Commissioner of the original District of the claimant or where the majority of his/her beneficiaries live. 

NOTICE

1. It has to be appreciated that the reason why the Constitution of the Republic of Malawi established the National Compensation Tribunal is to acknowledge that people suffered without cause and fellow Malawians are extending their condolences. It is not as a matter of policy a mechanism for awarding damages. This is mere compensation, which Malawians who in their collective wisdom saw it fit that genuine reconciliation cannot be there if acknowledgement of the past wrongs is not made. Therefore, the Tribunal will not give full restoration arising from the past sufferings. 
2. The National Compensation Tribunal strongly advises and recommends that it is cheaper for a claimant to write and get a response than to travel to the Tribunal offices regardless of distance where one is coming from. It is advisable claimants should only come when called to do so by the Tribunal. 

WHERE IS NATIONAL COMPENSATION TRIBUNAL

In Limbe  Agason Trading Center Building Near Shire Highlands Hotel, directly opposite Tyresoles Ltd