CHAPTER 3:06
NATIONAL COMPENSATION TRIBUNAL
ARRANGEMENT OF SECTIONS
SECTION
1. Short title
2. Interpretation
3. Rules of procedure of the Tribunal
4. Members of the Tribunal
5. Deadlines
6. Forms of reparation
7. Oral hearing
8. Oral testimony
9. Reasons for decisions
10. Composition of panels
11. Declaration of suspicion of interest
12. Assessment of loss
13. Categorization of claims
14. Expert guidance
15. Power to amend the Schedule
Schedule
8 of 1995
6 of 1996
An Act to make miscellaneous provisions for the operational procedures of the National Compensation Tribunal and to provide for matters ancillary thereto or connected therewith
This Act may be cited as the National Compensation Tribunal (Miscellaneous Provisions) Act.
In this Act, unless the context otherwise requires—
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“agent” means a person appointed by a claimant to act on behalf of the claimant;
“claim” means an application by, or on behalf of, a claimant or joint claimants addressed to the Tribunal for an award in respect of a loss or injury;
“claimant” means a person who suffered loss or injury or a person who has at law inherited an entitlement to claim in respect of a loss or injury, and includes a dependant of a claimant and representative, but does not include an agent;
“Fund” means the National Compensation Fund established under section 144 of the Constitution;
“Public Appointments Committee” means the Public Appointments Committee of the National Assembly established under section 56 (7) of the Constitution;
“representative” means—
(a) a person through whom a claim is brought by a person beneficially entitled to claim but lacks legal capacity to act; or
(b) a person who is authorized to act for another person, including a family unit.
“Tribunal” means the National Compensation Tribunal established under Part XIII of the Constitution.
3. Rules of Procedures of the Tribunal
The procedures of the Tribunal required under section 140 of the Constitution shall be prescribed by the Chief Justice by rules published in the Gazette.
(1) In addition to the Chairman, there shall be such other members of the Tribunal as the Public Appointments Committee shall, from time to time, appoint on the recommendation of the Chief Justice.
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(2) In recommending persons for appointment under subsection (1), the Chief Justice shall act upon requests made to him in that behalf by the Chairman of the Tribunal.
(1) The Tribunal may prescribe such deadlines as may be required for the expeditious determination of claims or categories of claims, but no final deadlines for the registration of claims or categories of claims shall be fixed upon less than twenty-four months’ notice.
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(2) The Tribunal shall have the discretion to extend or waive deadlines prescribed under subsection (1) in exceptional circumstances in the interest of justice.
The Tribunal shall endeavour to recommend or award one or more forms of reparation to claimants which are most appropriate in the circumstances of the case and to do so in accordance with its rules of procedure. These forms of reparation shall include—
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(a) formal acknowledgment and apology;
(b) medical care;
(c) establishment of memorials;
(d) job retraining;
(e) pensions;
(f) restitution of property;
(g) bonds, shares and share options;
(h) monetary compensation by way of a lump sum or instalments; and
(i) negotiated settlements with the Government or any other party in relation to the claim.
Subject to section 8, claims shall be determined on the basis of written submissions unless the Tribunal grants leave to an oral hearing before the member or members of the Tribunal determining the claim.
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The Tribunal shall ensure that persons shall be provided with an opportunity to present oral testimony at the district centre or at any other place appointed by the Tribunal to officers of the Tribunal authorized to take evidence, and such opportunity shall be provided on an annual basis or may be provided more often if the Tribunal so determines.
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The Tribunal shall give reasons for its decisions which may be specific to a claim or relate to a category of claims.
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Claims shall be determined by a single member of the Tribunal subject to the following rules—
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(a) matters of principle shall be decided by all members wherever possible and in any event by not less than two members;
(b) claims shall not be dismissed, awards revised or requests for oral hearings refused by…
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