FlySafair faces tribunal over alleged overselling of flight ticket
FlySafair has been referred to the National Consumer Tribunal for its overbooking tactics.
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South Africa's National Consumer Commission (NCC) has referred low-cost airline FlySafair to the National Consumer Tribunal for allegedly overbooking and overselling flight tickets, which left passengers stranded despite having confirmed bookings.
This follows an investigation into numerous complaints against the airline, indicating potential violations of the Consumer Protection Act.
NCC spokesperson Pheto Ntaba said the probe was launched after growing public outrage, including complaints circulating widely on social media, over claims that passengers were denied boarding because flights had been oversold.
“The matter first drew public attention after a consumer reportedly purchased a FlySafair ticket and, upon arrival to check in, was informed that no seat was available because the flight had been overbooked,” Ntaba said.
The case now places one of South Africa’s busiest domestic airlines under intense scrutiny, with the tribunal expected to determine whether the airline violated consumer rights protected under the CPA.
“The NCC further noted several complaints by consumers who alleged that they had experienced the same issue with the airline. The airline publicly acknowledged that overbooking is part of its business practices,” Ntaba said.
The NCC’s investigation revealed that FlySafair’s conduct contravened sections 47, 48(1), 49(1), 22(1), 40(1), 41(1), and 19(2) of the CPA.
“These provisions deal 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,” Ntaba said.
The investigation assessed bookings made during November and December 2024 and January 2025.
“The investigation revealed that the overbooking or overselling of flight tickets was systematically implemented by FlySafair. The investigation further revealed that overbooking averaged up to over 5,000 passengers in the months assessed, earning the airline significant revenue that it would not have earned if it were not for this practice,” Ntaba said.
The NCC 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 the airline’s conduct declared prohibited.
FlySafair welcomed the opportunity to fully present its position before the Tribunal.
Chief Marketing Officer at FlySafair, Kirby Gordon said the airline cooperated fully with the NCC during its investigation and the Tribunal process is the appropriate forum for resolving differences in legal interpretation between FlySafair and the NCC.
“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,” Gordon said.