COMESA Fines Zambia Airways Millions for Passenger Rights Breach
Zambia Airways is facing a multimillion-kwacha fine after the COMESA Competition Commission found the national carrier guilty of breaching consumer rights by failing to assist passengers who missed connecting flights due to a lengthy delay on one of its domestic routes.
The Commission’s Committee of Initial Determination (CID) ruled that the airline engaged in “unconscionable conduct” in violation of Article 28(1) of the COMESA Competition Regulations, following an incident in August 2024 when four passengers were stranded in Lusaka after their flight from Livingstone was delayed for more than six hours.
According to the Commission, Zambia Airways declined to rebook the passengers to their final destinations or provide them with accommodation and meals while they waited in Lusaka.
The airline instead offered refunds for unused tickets or rebooking on its next domestic flight between Livingstone and Lusaka — an action the Commission deemed inadequate.
“The issue was not getting passengers out of Livingstone but ensuring they reached their connecting destinations from Lusaka,” the Commission said in its determination, adding that the airline’s refusal to assist left travellers in a vulnerable position.
The Commission began investigating the carrier on September 16, 2024, after receiving reports of the incident.
It later concluded that Zambia Airways had failed in its duty to safeguard passenger welfare, noting that the conduct involved “unfair tactics and refusal to handle legitimate complaints.”
Zambia Airways denied wrongdoing, arguing that the affected service was a domestic flight and therefore exempt from international conventions such as the Montreal Convention.
The airline said it had complied with the Yamoussoukro Decision’s requirements by informing passengers about the delay.
However, after reviewing the airline’s responses, industry practices and relevant aviation conventions, the Commission determined that Zambia Airways bore full responsibility for the passengers’ welfare.
The investigation also involved consultations with the African Civil Aviation Commission (AFCAC), which supported a coordinated approach to such cases across the continent.
On April 22, 2025, the Commission issued a Statement of Concerns to Zambia Airways, inviting it to respond to its findings.
The airline, however, failed to provide further submissions, prompting the Commission to refer the matter to the CID for a final decision in September 2025.
The CID has now ordered Zambia Airways to pay a penalty equivalent to two percent of its annual turnover from operations within COMESA member states.
The airline has also been directed to submit its audited 2023 financial accounts to enable the Commission to compute the fine, with failure to comply considered a separate offence.
In addition, Zambia Airways must review and publish its operating procedures to align with COMESA’s consumer protection rules.
The case marks one of the most consequential consumer protection rulings by the regional competition watchdog and signals a tougher stance on airlines that neglect passenger welfare in the Common Market bloc.
gandae@businessdayafrica.org