CUT OFF POINT FOR SUBMITTING CLAIMS

The previous articles under this column have decried the tendency of some claimants in submitting what are suspected to be false claims. There is fear that there is very high probability that out of the 12,623 registered claims there are equally a lot of claims which are not genuine. There must be a solution to this problem. 

The NCT has authority to formulate its own policies. Currently, the NCT is calling for strict proof from the claimants in respect of the claims submitted. This has got one problem namely some institutions are not submitting evidence according to their records but evidence based on the story of the claimant. Therefore, if there is collusion in such matters to defraud government there will not be any sure way to detect such fraud. 

The NCT is also considering to propose to Parliament to fix a cut off point for submitting claims. Even in courts there is a limitation period for lodging complaints. The same is true for the Truth and Reconciliation Commission of South Africa. The Tribunal has been in existence since 1994 and effectively paying compensation since June 1996,  yet every day there is a flow of over 30 applications. The NCT received a lot of publication on the political platform, media and other fore. The flow of new claims raises a lot of suspicion in minds of right thinking Malawians. This column has stressed that it was the collective wisdom of Malawians that initiated the creation of the Tribunal. In that collective wisdom, the wish or desire or intention of the wise Malawians was to ensure that wounds of the past were soothed and those afflicted souls and minds be healed so that there should be genuine reconciliation and peace in Malawi. It was never intended to create room for fraudulent activities for anyone. 

It is a great shame that some people deliberately wish to derail the original pure wise thought of the wise Malawians. The other way out of this problem is to set down a date for submitting the last claim. For example 17th May, 2001 would be ideal. This could have given Malawians who suffered in the past a chance for 7 years to register out of the Tribunal life span of 10 years. This would take out 3 years with a view to concentrate on quantification and other logistics. Think about it. Forever Goodbye. 

Justice Chimasula Phiri
CHAIRMAN - NATIONAL COMPENSATION TRIBUNAL