The National Consumer Commission (NCC) has referred FlySafair to the National Consumer Tribunal over allegations that the airline systematically overbooked and oversold flight tickets in contravention of the Consumer Protection Act.
The referral follows an investigation launched after complaints from consumers who claimed they arrived for flights only to be informed that no seats were available because the flights had been overbooked.
The NCC said its investigation focused on bookings made during November and December 2024, as well as January 2025.
NCC spokesperson Phetho Ntaba said the investigation found that the practice had been systematically implemented by the airline during the period under review.
“The investigation revealed that overbooking averaged more than 5,000 passengers during the months assessed, generating revenue the airline would not have earned if it were not for this practice,” Ntaba said.
The Commission further found that the airline’s conduct allegedly contravened several sections of the Consumer Protection Act, including provisions relating to overselling services, misleading representations, and failure to provide services on agreed terms.
“The CPA prohibits suppliers from taking consumers’ money for goods or services they cannot provide,” Ntaba said.
The NCC is seeking an administrative penalty amounting to 10% of the airline’s annual turnover and wants the Tribunal to declare the conduct prohibited.
In response, FlySafair spokesperson Kirby Gordon defended the airline’s practices, arguing that overbooking is internationally recognised within the aviation sector.
“Overbooking is widely used by airlines globally as a mechanism to account for anticipated no-show passengers, improve operational efficiency, and help keep air travel affordable,” Gordon said.
He added that more than 99.98% of FlySafair passengers travelled successfully during the review period and that affected passengers were offered refunds, compensation, or alternative arrangements.
FlySafair said it will continue operating normally while the matter proceeds before the Tribunal.
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