[Ch0000s141]141.
Protection of third party rights
1 of 1997Where a third party disputes a claim and has an interest in money or property that is
the subject of a claim before the National Compensation Tribunal—
(a)
that party shall be given adequate notification;
(b)
that party shall be entitled to legal representation; and
(c)
if the Chairman of the National Compensation Tribunal is satisfied that the person is of
insufficient means to retain legal counsel, legal assistance shall be provided at the expense of the State.
[Ch0000s142]142.
Jurisdiction of ordinary courts
(1) The High Court shall not be excluded from hearing applications for judicial review of the
decisions of the Tribunal nor shall a determination by the Tribunal be a bar to further criminal or civil
proceedings in an appropriate court against a private person for the duration of the existence of the
fund.
(2) A “private person” for the purposes of this section means a person who was before the
commencement of this Constitution a member of the Government or of an agent of the Government,
who would, under the laws then in force, have been personally liable for an act that is the subject of the
criminal or civil proceedings.
[Ch0000s143]143.
Power to waive statutory limitations
For the purposes of pursuing claims before the National Compensation Tribunal and criminal
and civil proceedings against a private person within the meaning of section 142 (2), any statutory time
limitation may be waived by the Tribunal or by a court if it seems to the Tribunal or the court equitable
to do so.
[Ch0000s144]144.
National Compensation Fund
1 of 1997(1) There shall be a National Compensation Fund which shall be a trust vested in the
Republic.
(2) The National Compensation Fund shall be used exclusively for the purposes assigned to it by
this Constitution and shall—
(a)
be a trust the purpose of which shall be for the exclusive benefit of those applicants to
the National Compensation Tribunal who have been granted any award, gratuity, pension or other form
of reparation according to the principles, procedures and rules of the National Compensation Tribunal;
(b)
be held in a separate account within the Reserve Bank of Malawi; and
(c)
have all of its reports, financial statements and information relating to its operation
published and maintained for public scrutiny.
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