South Africa’s biggest airline in hot water

FlySafair has come under intensified scrutiny from the National Consumer Commission (NCC) over its practice of overbooking flight tickets.

The airline, which is estimated to account for between 60% and 70% of airline passenger seat capacity in South Africa, has been referred by the NCC to the Consumer Tribunal.

The NCC began investigating the issue in January 2025, following media reports and consumer complaints of overbooking and overselling of airline tickets by FlySafair.

In a statement, NCC Acting Commissioner Hardin Ratshisusu said the investigation found FlySafair’s practices inconsistent with the Consumer Protection Act (CPA).

The CPA explicitly prohibits goods suppliers and service providers from taking consumers’ money for goods and services that it cannot actually provide.

The investigation, which assessed flights carried out between November 2024 and January 2025, found an average of over 5,000 passengers had been affected by overbooking during those months.

As such, the NCC has now referred the airline to the Consumer Tribunal to have this practice prohibited, and is seeking a fine on the airline equivalent to 10% of its annual turnover.

FlySafair has consistently acknowledged the practice as part of its terms and conditions, and has offered compensation for passengers affected by overbooking.

In an interview with Newzroom Afrika, NCC Head of Complaints and Investigations Prudence Moilwa said this does not necessarily make the practice legal, however.

“The fact that consumers may actually choose to enter into a contract that is illegal does not make it lawful in terms of the Consumer Protection Act,” Moilwa said.

“These terms and conditions are not accessible in terms of where a consumer can say ‘I’m willing to book a flight, and if I don’t get it, I know it was a toss in the air for me to get it or not.’”

Moilwa explained that section 47 of the CPA states overbooking can only be allowed in instances beyond FlySafair’s control, not a planned practice as it is set out in the airline’s terms and conditions.

Additionally, passengers who are bumped off of flights due to overbooking may miss vital work and family obligations, as well as potential connecting flights which would then cost them extra to rebook.

One reason commonly listed by FlySafair and other airlines for overbooking practices was the issue around no-show passengers, a point which Moilwa argued was inconsequential.

“If you’ve booked a flight and you miss it, you will forfeit the amount you have paid,” Moilwa said. “So the issue of financial loss on the side of FlySafair does not feature.”

Overbooking is common practice

FlySafair responded to the NCC’s referral in a media statement, with the airline saying it was ready to defend its practices in front of the Tribunal as being lawful and transparent.

The airline explained that overbooking was a common practice employed by airlines across the globe, as a way to keep airline prices more affordable.

Additionally, it said that the 5,000 average passengers affected in the NCC’s investigation represented just 0.02% of passengers during that period, with each one receiving compensation.

Aviation expert Guy Leitch corroborated this point in an interview with 702, saying that FlySafair did not oversell tickets as much as other airlines around the world.

“I am absolutely astounded that the Consumer Council is pushing this all the way up to the Tribunal,” Leitch said. “It’s a standard worldwide practice, and does not harm the consumer in any way.”

“FlySafair claims they only overbook by 2%, and they say other airlines in the worldwide norm are higher than that. If you are unlucky enough to get bumped, there is more than adequate compensation.”

FlySafair states in its terms and conditions that customers who are inconvenienced by overbooking will be offered R1000 in cash and a seat on the next available flight, or a full refund.

Leitch also advised travellers worried about overbooking to check-in for their flights earlier, as the airline typically only bumps off passengers towards the end of the queue.

If the airline knows a flight is overbooked and will be full, it may also approach passengers who do not seem to be in a hurry to reach their destination, and will offer to put them on the next flight.

In direct response to the NCC, FlySafair also argued that overbooking is directly permissible under section 47 of the CPA when it is managed responsibly.

Additionally, it said the Consumer Goods and Services Ombud had acknowledged the practice in its Advisory Note 9 of 2021, and provided guidance for its management.

While this note has since been removed from Ombud’s website, the airline said this does not necessarily mean the regulation has been legally withdrawn, and is therefore still applicable.

“There’s been no notification that the advisory note has been withdrawn, so it’s enshrined in rules,” Leitch said. “Which is why I remain astounded that they are pursuing this so aggressively.”

“It’s good for the airline profits, and one hopes this will trickle down to cheaper airline tickets. And given the current high price of tickets, the last thing we should be concerned about is the very small possibility of overbooking flights.”