Families of victims of the June 10 2024 military plane crash that killed Vice-President Saulos Chilima and eight others have until 2027 to file compensation claims for negligence under civil law, it has emerged. Section 4 (b) of the Limitation Act provides that “in the case of actions for damages for negligence, nuisance or breach of duty where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to any person, this subsection shall have effect as if for the reference to six years there were substituted a reference to three years”. Investigations by German Federal Bureau of Aircraft Accident Investigation (BFU) and Malawi Government’s commission of inquiry established that human error was a contributing factor that led to the plane crash at Nthungwa in Viphya Plantation in Nkhata Bay District.
The BFU report said the accident occurred because the crew flew into “instrument meteorological conditions during flight under visual flight rules”. “The following contributed to the accident: the decision to continue the flight to the destination at low altitude in marginal weather conditions, lack of situational awareness and inadequate pre-flight preparation,” the report reads in part. BFU raised a number of issues, including that, contrary to International Civil Aviation Organisation (Icao) standards, the Department of Meteorological Services did not provide meteorological information on the planned route.
The commission of inquiry also established that the flight crew did not obtain weather forecast, pointing to another human error which may have led the plane into a potentially risky route. In an interview yesterday, private practice lawyer Wellington Kazembe agreed that the bereaved families can sue for loss of dependency and expectation of life within three years. “The reports produced by both the commission of inquiry and BFU show that there was negligence on the part of the government,” he said.
[paywall]
In a separate interview, private practice lawyer and academic John-Gift Mwakwawa said the matter would be a civil case although there is also criminal negligence “which is usually not easy to prove”. Chilima’s brother, Ben Chilima, said the family could not tell whether it will sue because it is waiting for President Peter Mutharika’s decision on the review of the investigation reports. “We have decided to give the government time.
We will react after that,” he said in an interview yesterday. Gladson Chipumphula, uncle to Chilima’s aide-de-camp Chisomo Chimaneni, said those familiar with the law should help the families. “Since we now know that there is a law, we will see what to do,” he said.
[/paywall]
