This blog was co-authored by Pierre Naudé.
On 18 October 2024 the International Civil Aviation Organisation (ICAO) announced that the limit of liability of airlines, as stipulated in the Montreal Convention, will increase by 17.9%. This increase is effective from 28 December 2024.
The Montreal Convention provides for a five-year review of the limitation, which is quantified in terms of Special Drawing Rights or SDRs. This is the highest increase since the Montreal Convention became effective in 2003.
It will be compulsory for all State Parties to the Montreal Convention to apply the new limits from 28 December 2024. Since South Africa is a party to the Montreal Convention, airlines, insurers, aircraft operators, carriers and ground handlers in South Africa will need to take note of the increase and update their general conditions of carriage, waybills and indemnity wording for passengers and cargo. Even if these updates are not made, liability will still be based on the increased amount and not the amount reflected in the carrier’s wording. The limitations set out in the Montreal Convention will override any conflicting provision of any contracting documents.
As a reminder, the limitation for liability stipulated in the Montreal Convention acts as a threshold for amounts recoverable for death, injury or damage regardless of any negligence on the part of a carrier. Any portion of a claim exceeding this amount can be defended by the carrier for lack of negligence.
The limits are:
| Montreal Convention | Type of liability | Current limit (SDRs) | Current limit (ZAR) | Increased limit with effect from 28 Dec 2024 (SDR) | Increased limit with effect from 28 Dec 2024 (ZAR) |
| Article 21 | Death/bodily | 128,821 | 3,029,079.60 | 151,880 | 3,571,285.81 |
| Article 22(1) | Delay | 5,346 | 125,705.12 | 6,303 | 148,207.89 |
| Article 22(2) | Baggage | 1,288 | 30,285.86 | 1,519 | 35,717.56 |
| Article 22(3) | Cargo | 22 per kg | 517.31 per kg | 26 per kg | 611.36 per kg |
We recommend that any wording with current limits of liability be revised. The increase is not retrospective in effect so it will not impact on the quantum of a claim arising from carriage prior to the effective date of the increase. Norton Rose Fulbright South Africa’s commercial and regulatory aviation experts are available to assist with advice or updating any wording in South Africa and across Africa.