By Lehlohonolo Lehana.
Low-cost airline FlySafair has accepted the National Consumer Commission (NCC) overbooking referral to the Tribunal and welcomes the chance to present its position.
The NCC’s investigation assessed bookings made during November and December 2024 and January 2025, where it was revealed that the overbooking or overselling of flights was systemically implemented.
It further revealed that overbooking averaged over 5,000 passengers in the months assessed, generating significant revenue the airline would not have earned had it not been for the practice.
NCC’s acting commissioner Hardin Ratshisusu said, its investigation has found FlySafair’s booking practices to be inconsistent with multiple sections of the Consumer Protection Act (CPA), which is the basis of the referral of the matter to the tribunal.
“The CPA prohibits suppliers from taking consumers’ money for goods or services they cannot provide,” he said.
The NCC said the matter first drew public attention after a consumer had reportedly purchased a flight ticket for FlySafair and, on arrival to check in, was informed that no seat was available because the flight had been overbooked.
The commission said it further noted several complaints by consumers who alleged they had experienced the same issue with the airline and the airline publicly acknowledging that overbooking is part of its business practices.
The NCC said its investigation revealed that FlySafair’s conduct contravened sections of the CPA.
The NCC said it has referred the matter to the tribunal for adjudication and for the imposition of an administrative penalty of 10% of FlySafair’s annual turnover and to have FlySaFair’s conduct declared prohibited.
FlySafair said on Thursday it remains confident that “on a full consideration of the facts, the legal framework and prevailing industry practice, it will be demonstrated that FlySafair has acted lawfully, transparently and in good faith, with due and careful regard to the rights of consumers”.
“We remain confident that, on a full consideration of the facts, the legal framework and prevailing industry practice, it will be demonstrated that FlySafair has acted lawfully, transparently and in good faith, with due and careful regard to the rights of consumers,” it said.
The airline said that overbooking is expressly contemplated by Section 47 of the Consumer Protection Act, and has long been recognised as a lawful and globally accepted practice within the airline industry when responsibly managed.
It added that the Consumer Goods and Services Ombud has also specifically recognised overbooking within the travel and aviation sector through an advisory note.
FlySafair maintained that 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.