Carriage by Air Act
- Commenced on 23 January 1982
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short titleThis Act may be cited as the carriage by Air Act.
2. InterpretationIn this Act, unless the context otherwise requires—"the Guadalajara Convention" means the Convention supplementary to the Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air performed by a Person other than the Contracting Carrier opened for signature at Guadalajara on the 18th September, 1961;"the Hague Protocol" means the Protocol to amend the Warsaw Convention opened for signature at the Hague on the 28th September, 1955;"the Warsaw Convention" means the Convention for the Unification of Certain Rules relating to International Carriage by Air opened for signature at Warsaw on the 12th October, 1929, including the Additional Protocol to that Convention with reference to Article 2 of that Convention.
3. Text of Conventions and Protocol
4. Designation of High Contracting Parties
Part II – Carriage to which the Warsaw Convention and the Hague Protocol apply
5. Meaning of "the Convention" in Part IIIn this Part, "the Convention" means the Warsaw Convention and the Hague Protocol read and interpreted together as one single instrument in accordance with Article XIX of the Hague Protocol.
6. Convention to have the force of lawSubject to this part provisions of the Convention, shall have the force of law in Malawi in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.
7. Conversion of damages into Malawi currencyAny sum in francs mentioned in Article 22 of the Convention shall, for the purposes of an action against a carrier, be converted into Malawi currency at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the court.
8. Provisions relating to proceedings for damages in respect of death of passenger
9. Liability of carrier for personal injuries to be exclusive of the other civil liabilitySubject to section 10, the liability of a carrier under the Convention in respect of personal injury suffered by a passenger, not being injury that has resulted in the death of the passenger, shall be in substitution for any civil liability of the carrier under any other law in respect of the injury.
10. Liability of carrier to persons other than passengersNothing in the Convention or in this Part shall be deemed to exclude any liability of a carrier—
11. Certain sums not to be taken into account in assessment of damagesIn assessing damages in respect of liability under the Convention, there shall not be taken into account by way of reduction of the damages—
12. Contributory negligence
13. Jurisdiction in certain cases
14. Power to exclude aircraft used for military purposes
Part III – Carriage to which the Warsaw Convention without the Hague Protocol applies
15. Meaning of "the Convention" in Part IIIIn this Part, "the Convention" means the Warsaw Convention as unamended and unaffected by the Hague Protocol.
16. Warsaw Convention to have the force of lawSubject to this Part, the provisions of the Convention shall have the force of law in the Republic in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.
17. Provisions of Part II applicable to this PartThe provisions of sections 8 to 14 inclusive apply for the purpose of this Part.
Part IV – Carriage to which the Guadalajara Convention applies
18. Guadalajara Convention to have the force of lawThe provisions of the Guadalajara Convention shall, subject to Parts II and III as modified and affected by section 19, have the force of law in Malawi in relation to any carriage by air to which that Convention applies, irrespective of the nationality of the aircraft performing that carriage.
19. Construction of Parts II and III in for purposes of Guadalajara ConventionIn relation to carriage to which the Guadalajara Convention applies, references in Part II (other than section 6) and Part III (other than section 16) to "the Convention" shall be read and construed as including references to those provisions of the Guadalajara Convention which have the force of law by virtue of this Part.
Part V – Other carriage to which this Act applies
20. Meaning of "the amended Warsaw Convention" in Part VIn this Part, "the amended Warsaw Convention" means the Warsaw and the Hague Protocol read and interpreted together as one single instrument in accordance with Article XIX of the Hague Protocol.
21. Modifications of Conventions for purposes of this PartSubject to the provisions of section 22, the provisions of the amended Warsaw Convention and of the Guadalajara Convention having force of law in Malawi as adopted and modified in the Fourth and Fifth Schedules respectively shall apply to all carriage by air, not being international carriage as defined in Article 1 of the Second Schedule.
22. Powers of MinisterThe Minister may, by order published in the Gazette, direct that the provisions of this Part shall not apply, or shall not apply to a specified class of carriage by air, and any such direction may be expressed to be and if so expressed shall take effect subject to any conditions or limitations which in the circumstances of the case appear to the Minister to be required.
Part VI – Miscellaneous
23. Liability of persons other than carrier
24. RegulationsThe Minister may, by notice published in the Gazette, make regulations, not inconsistent with this Act, which are necessary or convenient to be prescribed for giving effect to this Act, the Warsaw Convention, the Warsaw Convention as amended and affected by the Hague Protocol or the Guadalajara Convention.
25. Act to bind the GovernmentThis Act shall bind the Government.
History of this document
31 December 2014 this version
23 January 1982