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Emirates Passenger Died In Zambia – Court
By Dickson Jere
A couple was traveling from Dubai to Harare via Lusaka on the Emirates Airlines. When the plane entered the Zambian airspace – the man collapsed airborne. He was wrapped and taken to the First Class cabin by the crew and the wife took a photo while his body was being moved. The iPhone photo shows the area as “Chisamba – Zambia” when he is believed to have collapsed and died on the plane.
When the plane landed at Kenneth Kaunda International Airport (KKIA), his body was removed and handed over to the police and medics. He was dead. The body was later taken to UTH where he was officially pronounced dead as Brought In Dead (BID).
The wife abandoned the trip to Harare and remained in Zambia to facilitate her husband’s repatriation to Harare.
But she faced a difficult situation.
The Zambian government refused to issue her the Dead Certificate on the grounds that the husband died on the Emirates plane and therefore not in Zambia.
Simply, the government argued that since he died aboard the Emirates plane, it is the law of the United Arab Emirates (UAE) which is applicable and therefore he should be presumed to have died in Emirates. So Zambia could not issue the Death Certificate.
The widow sued the Zambian government – the Director General of the Department of Births and Deaths – in the High Court. Despite being served with Court documents, the government stayed away from Court but the Judge proceeded to hear the matter.
“Mr Kopecky did not board the plane from Dubai as a dead person, but as living person, and was still living when the aircraft was hovering the Zambian airspace, and about to land at KKIA,” the Judge observed.
“He was medically pronounced dead at the UTH,” the Judge said, adding that his death was registrable in Zambia despite having died on the aircraft which is registered in UAE.
The Court noted that the Zambian authorities even quoted non-existent legal provisions to deny the widow the Death Certificate.
“Not only is it regrettable that the Registrar-General misinformed himself and the Applicant as regards the correct position of the law, his decision epitomizes a classic example of administrative overreach,” the Court said.
The Court ordered the Registrar to issue the Death Certificate and awarded legal costs to the widow for the application.
“The foreign registration of the aircraft in issue was immaterial because, it is highly probable that Mr Kopecky death occurred within Zambia,” he said.
Case citation – The People v Registrar-General of the Department of National Registration, Passport and Citizenship – 2025/HP/0484 and judgement delivered this week on 29th July, 2025.
Lecture Notes;
1. In international aviation law, passengers who die onboard aircraft’s are taken as unresponsive until the plane lands and the local authorities (medical personnel) formally pronounce that person dead. Therefore, the death is then taken to have happened in the country of confirmation. The Death Certificate will then be issued from that very country.
2. However, debate rages where the passenger death was confirmed airborne by medical doctor who may have been on the same plane. Where did the passenger die? Do you take the country of registration of the plane or still place of landing? Moot question in international law.
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Emirates Passenger Died In Zambia – Court

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