Zambia Airways, Kenya Airways Fined as COMESA Cracks Down on Airline Passenger Abuse

The COMESA Competition Commission (CCC) has fined Zambia Airways Limited 2 percent of its total annual turnover for unfair treatment of passengers.

This marks a major consumer protection action with direct implications for Zambia’s aviation industry.

The penalty follows a detailed investigation into an August 2024 complaint in which four passengers missed their connecting flights after a Zambia Airways plane from Livingstone to Lusaka was delayed for over six hours.

The airline reportedly declined to assist the stranded passengers with reconnections, meals, or accommodation, leaving them to bear the costs of their disrupted travel plans.

Announcing the decision during a press briefing in Nairobi, COMESA Competition Commission Chief Executive Officer Willard Mwemba described the airline’s conduct as “unconscionable” and a clear breach of Article 28(1) of the COMESA Competition Regulations.

Mr Mwemba said the behaviour demonstrated “unfair practices and disregard for legitimate consumer grievances,” contrary to the aviation sector’s code of practice.

He explained that the COMESA Competition Commission has also fined Kenya Airways for similar but unrelated circumstances where travelling masses’ rights were infringed upon without taking into consideration operating procedures to align with regional consumer protection standards or indeed, any redress to compensate affected passengers.

“The decision comes amid growing concern over passenger welfare within the Common Market, particularly in the case of Zambia, Kenya and other COMESA Member States.

Airline-related complaints ranging from delays, cancellations, and overbookings to lost or damaged baggage, had surged sharply over the past year, with over 70 percent of affected passengers receiving no compensation or redress,” Dr. Mwemba disclosed.

Dr. Mwemba added that the Commission has initiated a region-wide enforcement effort, issuing new guidelines that require airlines to offer compensation ranging from USD 250 to USD 600 depending on flight distance, and to provide meals, accommodation, and re-routing options in the event of flight disruptions.

“Airlines operating in the COMESA region, including Zambia Airways and foreign carriers such as Kenya Airways and Ethiopian Airlines, must now comply with these passenger protection standards,” he said.

Dr. Mwemba stressed that, “Consumers deserve fairness, dignity, and accountability”.

The Commission’s press briefing, attended by over 33 journalists from various member states, further highlighted on Zambia’s broader market interests, including its oversight of anti-competitive practices by other major global firms such as Diageo Plc which has equally been ordered to amend its distribution contracts in Zambia and Eswatini after being found guilty of restrictive market arrangements.

These interventions, Dr. Mwemba emphasized, are part of COMESA’s continued efforts to ensure fair trade and consumer protection across the region’s 21 Member States.

Zambia, which hosted the Commission’s second press conference in 2024, in Livingstone, remains a key partner in COMESA’s regional integration and competition enforcement framework.

“We are strengthening cooperation with Zambian authorities and stakeholders to build a competitive, transparent, and consumer-friendly market,” Dr. Mwemba added.

The Commission reaffirmed its commitment to protecting passengers and consumers across the region while promoting fair business practices that support economic growth and integration within the region.

Dr. Mwemba has since urged media in the region to assist the Commission in raising awareness among citizens in the COMESA Region and beyond, over anti-competitive business environments not only in the aviation sector but in several other businesses that affect consumers directly and indirectly.