Law in the Skies: How African Countries Handle Aviation Accidents and Passenger Rights

It was supposed to be a quick, two-hour flight.
Joseph Mwangi, a Kenyan businessman, had booked a last-minute ticket from Nairobi to Johannesburg for an urgent meeting. The boarding pass was in his hand, his bag neatly stowed in the overhead compartment  and then came the announcement. A “technical issue” had grounded the aircraft.

The hours passed. First came the murmurs, then frustration, and by nightfall, despair. Passengers were herded into a modest airport lounge with a voucher for a sandwich and water. The airline promised updates, but Joseph ended up stranded for two days. He missed his meeting, lost a lucrative deal, and returned to Nairobi with nothing but a tired smile and a lighter wallet.

Unfortunately, Joseph’s story is one that thousands of African travelers can relate to  and it opens a wider conversation about what legal protections passengers really have when the skies fail them.

The International Framework: Montreal Convention

Globally, the Montreal Convention of 1999 sets the rules for international air travel. It outlines airline liability for injury, death, baggage loss, and delays. In theory, passengers can claim compensation for proven financial losses caused by delays or cancellations, up to about US $175,000 for personal injury cases.

The catch? The compensation for delays is often only applicable if a passenger can prove actual monetary loss, and airlines can escape liability if they prove the delay was unavoidable despite all reasonable measures.

Many African countries are signatories to the Montreal Convention, but the real challenge lies in enforcement  especially for domestic flights, which are often governed by national laws or the airline’s own “conditions of carriage.”

The African Picture: Patchwork Protection

South Africa
Under the Consumer Protection Act, passengers have some protection, but it’s limited. Airlines are required to deliver services of “reasonable quality,” but there is no automatic cash compensation for delays. Care (like meals or accommodation) is provided at the airline’s discretion, unless an international treaty applies.

Kenya
Kenya’s Consumer Protection Act also requires “reasonable” quality service, but it doesn’t spell out specific rights for delays or cancellations. In many cases, passengers fall back on the Montreal or Warsaw Conventions, or simply the airline’s policies.

Nigeria
Nigeria’s Civil Aviation Authority has taken a more aggressive approach, even banning Ethiopian Airlines in 2024 over passenger complaints including refund delays and mishandled baggage. The Nigerian Civil Aviation Regulations provide for compensation in cases of overbooking, cancellations, and delays  but enforcement is still uneven.

The Push for a Continental Solution

In 2018, the African Union launched the Single African Air Transport Market (SAATM), a flagship initiative to liberalize the skies, harmonize regulations, and potentially improve passenger rights. It’s based on the Yamoussoukro Decision of 1999, which aimed to integrate Africa’s air services much like the EU’s single aviation market.

The African Civil Aviation Commission (AFCAC) is working to develop a common framework for passenger rights across Africa, but progress has been slow. National interests, weak enforcement mechanisms, and underfunded aviation authorities have kept the dream of a truly fair African skies just out of reach.

When Planes Fall From the Sky: Accidents and Accountability

Accidents, though rare, trigger a different legal process. Under the Montreal Convention, airlines are strictly liable for up to a certain amount for each passenger, regardless of fault. Above that, they can avoid paying only by proving they were not negligent.

In practice, investigations can be slow, and families often face long waits for compensation — particularly when multiple jurisdictions are involved. The tragic 2019 Ethiopian Airlines Flight 302 crash showed how international treaties, manufacturer liability (Boeing in that case), and national investigations can become a complex legal maze.

What Can Passengers Do Right Now?

While Africa waits for harmonized, enforceable rules, travelers can take steps to protect themselves:

1. Know the jurisdiction – If your flight begins in the EU or involves a European carrier, you may be protected under EU Regulation 261/2004, which offers generous compensation for delays and cancellations.

2. Document everything – Keep boarding passes, receipts, and all communication from the airline. This evidence is crucial if you seek compensation.

3. Escalate complaints – File with national regulators such as the Nigerian Civil Aviation Authority, South Africa’s Consumer Commission, or Kenya’s Competition Authority when airlines ignore obligations.

4. Use travel insurance – A good policy can cover expenses the airline won’t, including missed events, accommodation, and even legal fees.

A Closing Word

For Joseph Mwangi and countless others, air travel in Africa remains a gamble. While some countries have taken steps toward protecting passengers, the reality is still a patchwork system of rules, treaties, and airline goodwill. Until Africa’s skies are governed by a strong, uniform passenger rights framework, many travelers will keep paying the hidden costs of flight disruptions.

But with the continued push from SAATM, stronger aviation regulators, and growing public awareness, the hope is that one day, being stranded in an African airport will no longer mean being stranded outside the law.