Is the Warsaw Convention applicable to domestic flights in Zimbabwe?

It is accepted that the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw on 12 October 1929, as amended by the Hague Protocol 1955 is the First Schedule to the Carriage by Air Act [Chapter 13:04].

The Warsaw Convention was domesticated in Zimbabwe by the Carriage by Air Act [Chapter 270] in 1934. Overtime, with amendments to the Chapters of the Laws of Zimbabwe, the Carriage by Air Act also became known as the Carriage by Air Act [Chapter 256].

In terms of Article 1 of the First Schedule of the Carriage by Air Act [Chapter 13:04] the Warsaw Convention applies to ‘all international carriage’ of persons, baggage or cargo performed by aircraft for reward. In addition to the above, it also equally applies to gratuitous carriage by aircraft performed by an air transport undertaking i.e. chartered flights. It must however be mentioned that the Warsaw Convention does not apply to carriage of mail and postal packages.

In Zimbabwe, the Carriage by Air Act [Chapter 13:04] which domesticated the Warsaw Convention, also applies to non-international carriage by air. Consequently, the Warsaw Convention in Zimbabwe applies to domestic carriage of persons, baggage or cargo.

The Carriage by Air Act [Chapter 13:04] gives effect to the Warsaw Convention to non-international carriage by air in Zimbabwe. Thus, in the case of internal carriage by low cost airlines in Zimbabwe, chartered flights and other airlines the Warsaw Convention equally applies. Therefore, in the case of domestic carriage by air, or internal carriage by air in Zimbabwe, the provisions of the Warsaw Convention apply and generally cannot be limited by any special conditions and regulations of the carrier.