Airline FlySafair is under increased scrutiny as South Africa’s consumer watchdog has referred the company to the National Consumer Tribunal over allegations of systematic flight overbooking, Cape {town} Etc reports.
Gallo Images/Jaco Marais
The National Consumer Commission (NCC) initiated an investigation under section 71(2) of the Consumer Protection Act 68 of 2008 (CPA) after consumer complaints highlighted potential violations related to overbooking practices.
The issue first gained public attention when a passenger reported arriving to check in for a flight only to discover that no seat was available due to overbooking.
The NCC noted a surge of similar complaints from frustrated consumers who experienced the same distressing situation with FlySafair.
According to the NCC, the airline openly acknowledged that overbooking forms part of its business strategy, raising concerns about consumer rights and acceptable practices in the airline industry.
The NCC’s investigative findings revealed that FlySafair’s practices may contravene multiple provisions of the CPA, including sections on unfair contract terms, misleading representations, and the failure to provide services as agreed.
Between November 2024 and January 2025, approximately 5,000 passengers were affected by the overselling of flights, generating significant revenue for the airline at the expense of customer experience.
‘The NCC’s investigation has found FlySafair’s booking practices to be inconsistent with the CPA,’ said Acting Commissioner Hardin Ratshisusu. ‘The Act prohibits suppliers from taking payments for services they cannot ultimately provide,’
Following these findings, the NCC has referred the case to the Tribunal, seeking an administrative penalty of 10% of FlySafair’s annual turnover and declaring its conduct as prohibited.
In response to the allegations, FlySafair has acknowledged the referral and expressed its intent to present its case before the Tribunal, which it views as an independent forum for resolving legal interpretations.
The airline claimed that it has been fully cooperative throughout the NCC’s investigation and is confident that it has acted within legal frameworks and industry standards.
‘Overbooking is a well-recognised industry practice used to manage anticipated no-show passengers and keeps air travel affordable,’ FlySafair stated in a comment to Cape Town Etc.
The airline asserts its overbooking policy is conservative, with overbooking levels below historical no-show rates, resulting in over 99.98% of customers successfully travelling as booked during the specified period.
Moreover, despite 5,000 passengers being involved in overbooked flights, only a mere 0.02% were denied boarding, all of whom were subsequently offered refunds and compensation.
Despite FlySafair’s assertion of adherence to industry norms, the NCC calls for greater clarity and consistency regarding overbooking practices in the aviation sector as a whole.
Article by Sibuliso Duba for Cape ETC
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