THE UNIQUENESS OF THE NATIONAL COMPENSATION TRIBUNAL 

Since its establishment in 1994 the NCT has clearly sent its message that its main responsibility is to achieve national unity and reconciliation. This is a shared vision and goal. Even the Truth and Reconciliation Commission (TRC) in South Africa has the same ultimate goal. One afternoon in the course of last week, I requested to be excused from a study tour of Cape Town and Roben Island in order to visit the famous and historical TRC. I had prior arrangement to meet Commissioner Mary Burton. After explaining objectively the operations of the NCT to her, she smiled and praised Malawi for the way NCT has succeeded in its work. This is the first ever positive attribute from another human rights body in the world. Imagine how many Human Rights NGO's operate in Malawi and how many of them have communicated their concerns, views, words of encouragement etc. to the NCT since it opened its doors? It is now imperative that I have to suggest to these NGO's to take a proactive role because they are the mouthÄpiece of the civil society. Most people in Malawi have heard about TRC and hailed it. For a prophet has no honour in his land, although most Malawians have heard about the NCT and such names as Justice Mkandawire or recently Justice Chimasula Phiri and this column on NCT, there has been no pomp about it. The Truth of the matter is that NCT is so far more powerful than the other comparable institutions with similar functions. 
Firstly, the NCT is a constitutional creature. This shows the highest level of commitment by Malawians to align the unifying and reconciliatory aspects to the highest governing law of the land. There is no way our honourable parliamentarians will one day wake up on the wrong side of the bed and abolish NCT. 
/Ä Ä 2 
Secondly, unlike the TRC, Malawians have manifested their total confidence and trust in the NCT and given it mandate to mostly make decisions and not mere recommendations on issues of compensation. The NCT is unique and very powerful. 
Thirdly, other compensatory systems in the world offer redress for only gross violation of human rights. The NCT has been more encompassing by 
ordinary violation of human rights.

compensating victims of

However, despite being unique and on right path, the NCT has a lot to learn from the TRC. 
Firstly, the TRC makes recommendations to Government for staggered compensation i.e. an annuity for six years. The range is between 17,000 and 22,000 Rands in total. This gives Government an opportunity to prepare a cashflow for six years as opposed to a huge annual budget. NCT has power to order payment by instalments but cash budget is a problem. 
Secondly, the TRC has recommended to Government to
reserve some places in the Universities and Secondary schools
for victims. In Malawi we have a statutory university as
well as Government schools Ä a quota could easily be
A similar recommendation is
one
is
who

allocated for compensation. .. ~_...__ made for sick victims in South Africa. In Malawi when falls sick, the demons expensive Visa Vis would not wish to Blantyre Adventist it not be possible insurance policy for 
are cursed because treatment income per capita. The question is get treatment at Mwaiwathu Hospital or Hospital (Malamulo) etc. etc.? Might to arrange for concession fees or the Tribunal claimants? 
Lastly, if one is a Jack today, he would be very happy to become a King tomorrow. How about assisting claimants to buy shares in this Government divesture programme? Ä 3 
This column has articulated the uniqueness of NCT in the world and the challenges and opportunities to make the unity and reconciliation a reality. 

Justice Chimasula Phiri
CHAIRMAN - NATIONAL COMPENSATION TRIBUNAL