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.

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières