1 of 1997(1) No person shall institute proceedings against any Government in power after the
commencement of this Constitution in respect of any alleged criminal or civil liability of the Government
of Malawi in power before the commencement of this Constitution arising from abuse of power or
office, save by application to the National Compensation Tribunal, which shall hear cases initiated by
persons with sufficient interest.
(2) The National Compensation Tribunal shall have all powers of investigation necessary to
establish the facts of any case before it.
1 of 1997(3) Notwithstanding subsection (1), the National Compensation Tribunal shall have the
power to remit a case or a question of law for determination by the ordinary courts where the National
Compensation Tribunal is satisfied that the Tribunal does not have jurisdiction, or where the Tribunal
feels it is in the interest of justice so to do.
[Ch0000s139]139.
Composition
1 of 1997(1) There shall be a Chairman of the National Compensation Tribunal who shall be a
judge and who shall—
(a)
be appointed in that behalf by the Chief Justice on the nomination of the Judicial Service
Commission; and
(b)
hold the office of Chairman of the National Compensation Tribunal for not more than
three years or until such time as that person ceases to be a judge whichever is sooner.
(2) The Chairman of the National Compensation Tribunal shall be assisted by such additional
members and by such assessors and other experts as may be appointed in accordance with the
provisions of an Act of Parliament.
[Ch0000s140]140.
Procedure
6 of 1995, 1 of 1997(1) The rules of procedure of the National Compensation Tribunal and other
matters of policy or principle concerning its powers and functions shall be prescribed by or under an Act
of Parliament and shall be such as shall ensure expeditious disposal of cases, which may include an
informal preliminary arbitration procedure.
1 of 1997(2) Notwithstanding subsection (1), the procedures of the National Compensation
Tribunal shall—
(a)
conform to the standards of proof required for a normal civil court, unless the National
Compensation Tribunal otherwise determines in the interest of justice in any particular case or class of
cases; and
(b)
conform with the standards of justice set out in this Constitution and the principles of
natural justice.