CONTENTS | ANB-BIA HOMEPAGE | WEEKLY NEWS
by Stev. Nhlane, APB, South Africa, June 1998
THEME = SOCIAL CONDIT.
Malawi's National Compensation Tribunal was set up
to compensate victims of the country's former one-party regime
and is struggling to fulfil its mandate
The Compensation Tribunal was established in 1996 by the ruling United Democratic Front (UDF) government of President Bakili Muluzi to provide relief to Malawians who suffered under the oppressive Malawi Congress Party's (MCP) 30-year rule (which came to power in 1964.
The victims are mostly people who were "detained" without trial on political grounds. Victims also include those who were forced into exile for fear of being victimised - the government then forfeited their property.
In what some people generally viewed as a move to score a political point, the UDF government in June 1996 passed an Act of Parliament to soothe the victims' past pain and suffering.
From the word "go", the Compensation Tribunal has been crippled by poor funding from government. This leads most victims seeking compensation, to accuse the Tribunal of favouring those with strong connections with senior government officials.
"If you're a politicians or if you have connections in high places, then you've every chance of having your case heard quickly, and receiving a hefty compensation", says Malcolm Phiri, a former detainee who says he's still struggling to get compensation from the Tribunal.
Phiri, like many other former detainees, accuses the Tribunal of dragging its feet in processing applications for compensation. So far, the tribunal has received 7,272 claims from victims of political incarceration and torture during the former regime. But only 1,555 of these have been given interim or part payments.
Since June 1996, the Tribunal has disbursed US $800,000 in interim payments which is considered to be quite inadequate.
Wells Mapata is the Tribunal's administrator. He says during the previous financial year, the Tribunal asked the government for US $32 million. "But at the moment we are only getting US $32,000 from the treasury every month which, if calculated on the interim basis payment of US $800, is only adequate for 40 people".
According to Mapata, the Tribunal is making interim payments not exceeding US $200 to people who were detained up to three months; US $400 to those who were detained for three to six months; US $600 dollars to those who were detained for periods ranging from six months to one year.
"But these interim payments are not automatic. A claimant must produce documented evidence from relevant and reliable authorities, explaining the circumstances which led to the claimant's unjustified detention".
The government says its coffers are dry and no donor has so far shown willingness to fund the exercise.
In February 1998, Mikuyu Detention Camp was re-opened as a museum. On this occasion, President Muluzi promised to assist former detainees by getting them jobs in the public sector and telling them they will get their money from the Compensation Tribunal.
The President said: "The Tribunal will shortly be working on a scale of tariffs which will clearly state how much compensation each claimant has a right to receive."
It should be noted that until now, only one claimant has received full compensation (US $30,000) at the prevailing rates for his five-year detention. This is the late Dr Denis Nkhwazi, a member of the opposition Alliance for Democracy. The President says Nkhwazi was given full payment to enable him to purchase a heart- lung dialysis machine.
Before the Compensation Tribunal was set up, a number of former detainees holding senior positions in the Muluzi regime, successfully sued the government for their unlawful detention and were awarded hefty amounts by the High Court. People such as Vice- President Justin Malewezi and Education and Sports Minister Brown Mpinganjira. In 1992, the High Court also awarded Machipisa Munthali, an former detainee popularly known as "Malawi's Nelson Mandela", a total of US $500,000 for his 27-year unlawful detention.
The Compensation Tribunal's mandate to compensate victims is for 10 years and ends in 2005.
END
CONTENTS | ANB-BIA HOMEPAGE | WEEKLY NEWS
PeaceLink 1998 - Reproduction authorised, with usual acknowledgement