The National Consumer Commission (NCC) has referred airline FlySafair to the National Consumer Tribunal for alleged contraventions of the Consumer Protection Act (CPA) linked to the alleged overbooking and/or overselling of flight tickets.

In response, FlySafair says that, while it has cooperated fully with the NCC throughout its investigation, the tribunal is the appropriate forum for resolving differences in legal interpretation between the NCC and FlySafair.

“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.”

During November 2024 to January 2025, the NCC conducted an investigation, which found that FlySafair’s conduct contravened provisions of the CPA.

Concerns had been raised in the media and on social media platforms at the time about FlySafair's conduct, the NCC says.

Several consumers complained that, after buying a FlySafair flight ticket and upon arrival to check in, they were informed that no seats were available because the flight had been overbooked.

The investigation found that the overbooking or overselling of flight tickets was systematically implemented by FlySafair, the NCC says.

It showed that overbooking averaged up to more than 5 000 passengers in the three months assessed, which earned the airline significant revenue that it would not have earned if it were not for this practice, the NCC alleges.

In its response, FlySafair says 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.

FlySafair says it maintains its overbooking levels below historical no-show rates.

It adds that overbooking is expressly contemplated by Section 47 of the CPA and has long been recognised as a lawful and globally accepted practice within the airline industry, when responsibly managed.

The Consumer Goods and Services Ombud’s Advisory Note 9 of 2021 specifically recognises overbooking within the travel and aviation sector and provides guidance to industry on how such practices should be managed and remedied where disruptions occur, the airline points out.

“FlySafair understands that the advisory note is no longer published on the website of the Ombud, but does not understand that it was formally withdrawn, or that its removal was based on formal industry consultation or direct notification processes clearly communicating a changed regulatory interpretation to affected operators.

“We believe this matter highlights the need for greater clarity and consistency regarding the treatment of overbooking practices across the aviation sector, tourism sector and consumer goods and services industry as a whole.”

Further, the airline says 99.98% of FlySafair customers had travelled on flights they had booked during the period under review. Each of the travellers who were barred from boarding a flight for which they had booked a flight ticket were offered re-accommodation, a refund and compensation by the airline, it says.

FlySafair says it fully cooperated with the NCC in its investigation over an extended period and provided extensive operational data and information throughout the process.

“We will continue to engage constructively and transparently through the Tribunal proceedings. All scheduled flights will operate as normal and customer bookings remain unaffected,” the airline notes.

The NCC says it referred the matter to the tribunal for adjudication and for the potential imposition of an administrative penalty of 10% of FlySafair’s annual turnover and to have FlySafair’s conduct declared prohibited.

“The NCC’s investigation has found FlySafair’s booking practices to be inconsistent with multiple sections of the 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,” says NCC acting commissioner Hardin Ratshisusu.