South African low-cost airline FlySafair is under growing pressure after the National Consumer Commission (NCC) referred the company to the National Consumer Tribunal over allegations of systematic flight overbooking.
The case follows a wave of complaints from passengers who claimed they arrived at airports with confirmed tickets, only to discover that no seats were available on their booked flights.
The controversy has reignited debate around airline overbooking practices and consumer rights in South Africa’s aviation industry.
Consumer Watchdog Investigates Passenger Complaints
The NCC said it launched an investigation after reports emerged in the media and on social media platforms about FlySafair allegedly overselling flights.
According to acting NCC commissioner Hardin Ratshisusu, investigators found evidence suggesting the airline’s conduct may have violated several provisions of the Consumer Protection Act.
One of the incidents highlighted during the investigation involved a passenger who reportedly purchased a valid ticket but was denied boarding after being informed the flight had been overbooked.
Authorities said similar complaints were later received from multiple passengers.
The commission also noted that FlySafair had publicly acknowledged overbooking as part of its business model.
The Consumer Protection Act prohibits companies from accepting payment for services they are unable to provide.
The NCC alleges that FlySafair may have breached laws related to overselling services, misleading representations, unfair contract terms, inadequate disclosure of risks, and failure to provide services as agreed.
Thousands Of Passengers Allegedly Affected
According to the commission’s findings, the investigation reviewed bookings from November and December 2024 as well as January 2025.
The NCC claims that more than 5 000 passengers on average were affected by overbooked flights during the months under review.
Authorities further allege that the practice generated significant additional revenue for the airline.
The matter has now been formally referred to the National Consumer Tribunal for adjudication.
The commission is seeking an administrative penalty equal to 10% of FlySafair’s annual turnover and wants the tribunal to declare the airline’s conduct prohibited under the Consumer Protection Act.
Overbooking is a common practice in the global airline industry, where airlines sell more tickets than available seats based on predicted passenger no-show rates.
However, consumer advocates argue that airlines must clearly communicate such risks to passengers and provide fair compensation or alternative arrangements when boarding is denied.
The case against FlySafair is expected to attract significant attention as regulators examine the balance between airline operational strategies and consumer protection rights in South Africa.
Source: National Consumer Commission
