In recent times, the world has witnessed profound aviation tragedies, including the loss of prominent individuals in aircraft accidents. Notably, the Republic of Malawi recently suffered the unfortunate demise of its Vice President in a plane crash—a heartbreaking event that, unlike more recent incidents, took considerable time before the aircraft was located.

Against this backdrop, one cannot help but reflect on Zambia’s own preparedness: Is the country ready for such an emergency, and to what extent are the necessary mechanisms in place? These pressing questions have long occupied stakeholders in the aviation sector. Such deliberations ultimately prompted the enactment of the Civil Aviation Authority (Search and Rescue) Regulations, 2020 (the “Regulations”).

The Regulations are intended to apply to:

• Aircraft requiring search and rescue services.
• Individuals or organisations responsible for the operation and maintenance of such services within Zambia’s territorial jurisdiction as defined under regional air navigation plans; and
• Cross-border operations, subject to reciprocal arrangements with neighbouring states.

In light of this legal framework, it is apparent that Zambia has proactively instituted measures to respond to aviation emergencies, particularly those requiring urgent search and rescue operations.

However, legal preparedness is only one facet. Equally critical is the question of resource availability. Concerns naturally arise regarding whether Zambia, amid ongoing fiscal constraints, possesses adequate logistical and financial capacity to support a robust and timely aviation emergency response.

To mitigate these concerns, the Regulations impose a statutory obligation on local service providers - whether or not part of the civil aviation organisation - to cooperate with the central coordinating body in providing emergency services and assistance to aircraft accident survivors. Non-compliance could result in liability for negligence.

Additionally, the Regulations mandate collaboration between search and rescue service providers and agencies tasked with accident investigations and post-incident care of survivors.

Importantly, in instances where human life is gravely endangered and no other resources are available, the Civil Aviation Authority is empowered to seek assistance from:

• Civilian aircraft or vessels;
• Military aircraft or vessels; or
• Licensed aircraft flight crew members or vessel owners within Zambia.

These provisions establish a clear legal foundation to support coordinated, multi-agency aviation rescue efforts.

Notably, where a search and rescue operation arises from an accident caused by an unlawful act or omission, the Regulations empower the Director General to recover the associated costs from the responsible party. In contrast, where no fault can be attributed and the incident is deemed a natural occurrence, the operation is carried out on humanitarian grounds.

In conclusion, Zambia’s legal infrastructure for aviation search and rescue operations reflects a commendable degree of foresight and planning. While operational effectiveness will always depend on implementation and resource allocation, the Regulations provide a robust framework to guide the nation’s response to aviation disasters.