The National Consumer Commission (NCC) has referred Safair Operations (Pty) Ltd, trading as FlySafair, to the National Consumer Tribunal over alleged overbooking of flights, in what could become a landmark case for consumer rights in South Africa’s aviation sector.
The referral follows an investigation initiated in terms of Section 71(2) of the Consumer Protection Act (CPA) after widespread complaints from passengers and concerns raised in the media and on social media platforms. Consumers alleged that the airline routinely oversold flight tickets, leaving some travellers stranded despite having confirmed bookings.
The matter first gained public attention after a passenger reportedly purchased a ticket but was denied boarding on arrival at the airport, having been informed that the flight had been overbooked.
Overbooking ‘systematically implemented’
According to the NCC, its investigation assessed bookings made during November and December 2024, as well as January 2025, and found that overbooking was systematically implemented by the airline. The commission further found that the practice affected an average of more than 5,000 passengers over the period under review, generating significant additional revenue for the airline.
“The NCC’s investigation has found FlySafair’s booking practices to be inconsistent with multiple sections of the CPA,” said acting commissioner Hardin Ratshisusu. He added that the findings formed the basis of the referral to the tribunal.
CPA provisions contravened
The commission says the airline’s conduct contravened several provisions of the CPA, including those relating to the overselling of services, unfair and unreasonable contract terms, inadequate disclosure of material risks, misleading representations, and failure to provide services as agreed. The CPA prohibits suppliers from charging consumers for goods or services they are unable to provide.
The NCC also noted that FlySafair had publicly acknowledged that overbooking forms part of its business practices, further strengthening the case against the airline.
In response to its findings, the commission has asked the tribunal to adjudicate on the matter and impose an administrative penalty equivalent to 10% of the airline’s annual turnover. It has also requested that the airline’s conduct be formally declared prohibited.
If upheld, the case could have significant implications for airline booking practices in South Africa, particularly around transparency, fairness and the rights of passengers.
The matter now awaits consideration by the National Consumer Tribunal.
- The National Consumer Commission (NCC) has referred FlySafair to the National Consumer Tribunal over allegations of systematic flight overbooking, affecting over 5,000 passengers between November 2024 and January 2025.
- The investigation found FlySafair's practices breach multiple provisions of the Consumer Protection Act (CPA), including overselling services, misleading customers, and unfair contract terms.
- Complaints arose after passengers with confirmed bookings were denied boarding due to overbooking, a practice acknowledged by FlySafair as part of its business model.
- The NCC is seeking a penalty of 10% of FlySafair's annual turnover and a formal declaration prohibiting the airline's conduct.
- This case could become a landmark ruling influencing airline booking transparency, fairness, and consumer rights in South Africa’s aviation industry.
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In response to its findings, the commission has asked the tribunal to adjudicate on the matter and impose an administrative penalty equivalent to 10% of the airline’s annual turnover. It has also requested that the airline’s conduct be formally declared prohibited.
If upheld, the case could have significant implications for airline booking practices in
