FlySafair is facing fresh scrutiny after South Africa’s National Consumer Commission referred the airline to the National Consumer Tribunal over alleged overbooking practices.
According to Cape Town Etc, the NCC launched its investigation after passengers complained about arriving for flights, only to be told that no seat was available because the flight had been oversold.
The matter has now moved to the Tribunal, where the airline will be expected to answer to the allegations.
What the NCC Found
The NCC said its investigation looked at possible breaches of the Consumer Protection Act.
The commission found that FlySafair’s booking practices may have gone against sections dealing with unfair contract terms, misleading representations and a failure to provide services as agreed.
Between November 2024 and January 2025, about 5,000 passengers were affected by oversold flights, according to the report.
Acting Commissioner Hardin Ratshisusu said the NCC’s investigation found FlySafair’s booking practices to be inconsistent with the Consumer Protection Act. He said the Act prohibits suppliers from taking payment for services they cannot ultimately provide.
Possible Penalty on the Table
The NCC wants the Tribunal to declare FlySafair’s conduct prohibited.
It is also seeking an administrative penalty of 10% of the airline’s annual turnover.
That would be a major blow for the airline if the Tribunal agrees with the NCC’s findings.
FlySafair Pushes Back
FlySafair has acknowledged the referral and said it will present its case before the Tribunal.
The airline said it had cooperated with the NCC investigation and believes it acted within legal and industry standards. It also argued that overbooking is a recognised airline practice used to manage passengers who do not arrive for flights.
FlySafair said its overbooking approach is conservative and below historical no-show rates. It also said more than 99.98% of customers travelled as booked during the period in question.
According to the airline, while 5,000 passengers were linked to overbooked flights, only 0.02% were denied boarding. It said those passengers were offered refunds and compensation.
What this Means for Passengers
The case could bring sharper focus to overbooking in South Africa’s aviation sector.
The Tribunal will now have to weigh the NCC’s consumer protection concerns against FlySafair’s argument that the practice is legal, controlled and common in the airline industry.
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