FlySafair is to face charges at the National Consumer Tribunal for allegedly overbooking flights.
The National Consumer Commission (NCC) reported on Thursday that it has referred Safair Operations (Pty) Ltd, trading as FlySafair, to the tribunal for alleged contraventions of the Consumer Protection Act (CPA).
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”.
The commission said the referral follows an investigation it initiated in terms of the of the CPA after noting concerns in the media, including social media platforms, regarding allegations of FlySafair overbooking and/or overselling flight tickets.
Alleged contraventions of the CPA
NCC’s acting commissioner Hardin Ratshisusu said on Thursday its 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,” it 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.
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.
Systematic overbooking identified
The commission said the investigation assessed bookings made during November and December 2024, and January 2025, and revealed that the overbooking or overselling of flight tickets was systematically implemented by FlySafair. – moneyweb
