Author Archives: Sebina Muwanga

BySebina Muwanga

Understanding human limitations in the cockpit for flight safety

A recent study by the Harvard School of Public Health involving 3500 pilots, revealed that 12.6 per cent of the study group may have clinical depression, and 4.1 per cent reported having suicidal thoughts two weeks prior to the study.

These figures do not make for good reading and will give frequent flyers a reality check. Pilots are not superhuman. The brighter side is that these conditions are attributed to factors outside the cockpit and there are known medical procedures to manage and treat them.

Clinical depression has known symptoms and is visible. It can be noticed by the individual or other crew members in time before they get into the cockpit. Read More

BySebina Muwanga

When airlines are liable for the spread of communicable diseases

An article I read recently highlighted the possibility of germs, bacteria and other disease-causing pathogens on aircraft, particularly in toilets, reservoir water tanks, on seats, seat belts, inflight entertainment touch screens, door handles, food trays and cabin air.

Aircraft transports thousands of passengers to various destinations on a daily basis. The potential for disease causing pathogens on an aircraft rises with every boarding pass issued, increasing the possibility of contracting typhoid, cholera, influenza, urinary tract infections, fungal infections, viral hemorrhagic fevers and a lot more during flight.

Does contracting disease during flight impute negligence on part of an airline?

Read More

BySebina Muwanga

Improving Aviation Safety in Africa

safetyOn 16 June 2016, the European Commission seven-year-ban on all Zambian registered carriers into European Union (EU) airspace was lifted. This ban was imposed following several findings, and a significant safety concern in the air operator certification process, revealed through an ICAO (International Civil Aviation Organization) audit on the Zambian civil aviation sector.

Read More

BySebina Muwanga

Why Uganda should revive the national carrier

uganda-airlinesOpinion: The proposed revival of Uganda Airlines has been debated for several months, and indeed, a lot has been written against the same.

Those against revival argue that airlines are not profit-making entities, the airline will collapse again because Uganda has a history of mismanaging state enterprises, Uganda has other priorities like health and education where the massive start-up capital required to set up an airline could be invested.

Read More

BySebina Muwanga

African challenges to low-cost carrier airlines

mangoOpinion:The business model of discount/no frills/budget airlines or Low Cost Carriers (LCCs) is based on low fares with limited services to keep costs to a minimum.

LCCs employ several cost cutting measures to ensure that their operating costs are less than those of traditional or Full Service Carriers (FSCs). The most common are; online ticket sales and check in, charges for checked in baggage and on-board refreshments, utilizing cheaper un-congested secondary airports, etc.

Read More

BySebina Muwanga

Aviation, Ebola and state responsibility under the Chicago Convention

icaoThe current Ebola outbreak has so far claimed close to 5,000 lives. Unlike previous outbreaks confined to remote African villages, Ebola has this time round found its way into Europe and the United States due to the ease with which people can travel thousands of miles and interact socially within hours, thanks to aviation.

Whereas the chances of contracting a disease like Ebola in an aviation environment (airport/airplane) are remote, there is a real possibility of infected persons flying thousands of miles and carrying the same with them to their destination. This is worsened by the fact that passengers are screened for symptoms of disease upon arrival, not before departure.

From my own personal experience, I have flown twice out of Entebbe International Airport (to Nairobi in 2009 during the outbreak of Swine flu, and to South Africa last month after Ebola had already made headlines in West Africa) during outbreak periods. I was away for five days on both occasions and was welcomed upon my return to Uganda with sanitizers, health forms, temperature checks and interviews by health personnel. I was not screened before departing Entebbe in 2009. I was screened at Jomo Kenyatta International Airport upon disembarking but was not screened on my way out of Nairobi. Last month, I was only screened when I flew back into Entebbe five days later. There was no such screening at O.R Tambo International Airport.

Read More

BySebina Muwanga

MH17 and liability for death under the Montreal Convention 1999

The world is yet to recover from the shock of Malaysia Airlines Flight MH17. It was a very sad day for aviation and I sincerely hope the culprits shall be brought to book.

I have taken time to read the Montreal Convention (The Convention) and liability of carriers in such situations. Malaysia is one of the 107 states that are parties to the Convention.

The carrier is liable under Article 17 of the convention for the death of passengers if the accident that caused the death took place on board the aircraft, or in the course of any of the operations of embarking or disembarking. Contributory negligence or any wrongful act or omission on part of a passenger exonerates the carrier from any liability.

Read More

BySebina Muwanga

Emirates Airline not to blame for death of obese Tanzanian

ek777OPINION: For the record, I am neither an employee nor spokesperson for Emirates Airline. This article is written in my capacity as a lawyer and aviation professional.

It was stated in that article that, “Family members of the late Sande Jacob Mremi, a resident of Dar es Salaam, pointed a finger to Emirates Airlines for failing to board him for treatment in India.” They further alleged that Emirates reneged on its contractual obligation by failing to board the obese passenger who had paid US$13,800 and was in possession of a confirmed ticket.

According to the article, the deceased weighed 250 kilograms. Emirates Tanzania managers said the airline would have to “uproot” at least six seats in order for engineers to create a seat that would permit the deceased to fly safely and comfortably.

Read More