The National Consumer Commission (NCC) has referred budget airline FlySafair to the National Consumer Tribunal for alleged contraventions of the Consumer Protection Act, following an investigation that revealed systematic overbooking affecting more than 5 000 passengers over a three-month period.
The referral comes after the NCC initiated an investigation in terms of section 71(2) of the Consumer Protection Act 68 of 2008, prompted by widespread complaints on social media and in the media about passengers being denied seats on flights they had paid for.
The matter first attracted public attention when a consumer who had purchased a flight ticket arrived at check-in only to be told no seat was available because the flight had been overbooked. Several other consumers subsequently lodged similar complaints with the commission. FlySafair publicly acknowledged that overbooking formed part of its business practices.
The NCC investigation, which assessed bookings made during November and December 2024 and January 2025, found that FlySafair’s conduct contravened multiple sections of the Consumer Protection Act. The airline was found to have violated provisions dealing with overselling of services, unfair and unreasonable contract terms, inadequate disclosure of material risks, misleading representations, unconscionable conduct, failure to provide services on agreed terms, and failure to communicate information in plain language.
The investigation revealed that overbooking was systematically implemented by the airline, averaging up to more than 5 000 passengers in the months assessed. The practice generated significant revenue that FlySafair would not have earned otherwise.
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The commission has asked the tribunal to impose an administrative penalty of 10% of FlySafair’s annual turnover and to declare the airline’s conduct prohibited.
Acting commissioner Hardin Ratshisusu said the investigation found FlySafair’s booking practices to be inconsistent with multiple sections of the Consumer Protection Act, which formed the basis of the referral to the tribunal.
“The CPA prohibits suppliers from taking consumers’ money for goods or services they cannot provide,” Ratshisusu said.
The matter will now be adjudicated by the National Consumer Tribunal, which has the authority to impose penalties and declare certain business practices unlawful.
FlySafair has not replied to enquiries on the matter yet.
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