The National Consumer Commission (NCC) has referred FlySafair to the tribunal for sanctions over its widespread overbooking practice.
The airline has “earned significant revenue that it would not have earned if it were not for this practice”, the commission found after an inquiry.
The issue first drew public attention after a consumer complained he had purchased a flight ticket but was informed at check-in that no seat was available because the flight had been overbooked.
The NCC investigation assessed bookings made from November 2024 to January 2025.
“The investigation revealed that the overbooking or overselling of flight tickets was systematically implemented by FlySafair,” it said.
“Overbooking averaged up to over 5,000 passengers in the months assessed.”
Acting commissioner Hardin Ratshisusu said: “The NCC’s investigation has found FlySafair’s booking practices to be inconsistent with multiple sections of the Consumer Protection Act [CPA]. The CPA prohibits suppliers from taking consumers’ money for goods or services they cannot provide.”
The NCC said Safair must answer to the National Consumer Tribunal for alleged contraventions of the CPA, including provisions dealing with:
- Prohibitions, including overselling of services, unfair and unreasonable contract terms;
- Inadequate disclosure of material risks;
- Misleading representations;
- Unconscionable conduct;
- Failure to provide services on agreed terms; and
- Failure to communicate information in plain language.
The NCC has referred the matter to the tribunal for adjudication, for the imposition of an administrative penalty of 10% of FlySafair’s annual turnover and to have FlySafair’s conduct declared prohibited.
TimesLIVE
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