Thokozile Mnguni
The National Consumer Commission (NCC) has referred FlySafair to the National Consumer Tribunal following an investigation into alleged overbooking and overselling of flight tickets, which it says may contravene multiple provisions of the Consumer Protection Act (CPA).
The Commission confirmed that it has instituted proceedings against Safair Operations (Pty) Ltd, trading as FlySafair, after findings that the airline’s booking practices were inconsistent with sections of the CPA governing fair trading, disclosure, and the supply of services on agreed terms.
According to the NCC, the alleged conduct relates to sections 47, 48(1), 49(1), 22(1), 40(1), 41(1) and 19(2) of the Act. These provisions prohibit, among other things, the overselling of services, unfair contract terms, inadequate disclosure of material risks, misleading representations, unconscionable conduct, failure to deliver services as agreed, and failure to communicate in plain and understandable language.
The investigation was initiated in terms of section 71(2) of the CPA following complaints raised by consumers and concerns circulating across media and social media platforms regarding FlySafair’s ticketing practices.
The matter came under scrutiny after a passenger reportedly arrived for a scheduled flight only to be informed that no seat was available due to overbooking. The NCC said it subsequently received additional complaints from consumers describing similar experiences.
FlySafair has previously acknowledged that overbooking forms part of its commercial operating model. However, the Commission’s findings suggest that the manner in which the practice was implemented may fall outside the scope of consumer protection law.
The NCC’s investigation, which examined bookings made between November and December 2024 as well as January 2025, found that overbooking or overselling was systematically applied. It further indicated that the practice affected an average of more than 5,000 passengers per month during the period under review, generating revenue that would not have been realised under normal booking conditions.
Acting NCC Commissioner Hardin Ratshisusu said the findings showed that FlySafair’s booking practices were inconsistent with multiple provisions of the CPA, forming the basis for the referral to the Tribunal. He added that the legislation prohibits suppliers from accepting payment for goods or services they are unable to provide.
The Commission is seeking an administrative penalty equivalent to 10% of FlySafair’s annual turnover, as well as an order declaring the airline’s conduct prohibited.
The National Consumer Tribunal will now adjudicate the matter. FlySafair has not yet publicly responded to the referral.