Low-cost carrier FlySafair is in trouble again, this time for allegedly contravening multiple sections of the Consumer Protection Act (CPA).
The National Consumer Commission (NCC) has referred the airline to the National Consumer Tribunal over its controversial practice of overbooking and/or overselling flight tickets between November and December 2024, and January 2025.
The commission said the referral follows an investigation initiated in terms of the CPA after concerns emerged in the media, including on social media platforms, regarding the allegations against FlySafair.
Speaking on YOU FM Newshour, the NCC’s national spokesperson, Phetho Ntaba, said the airline has publicly acknowledged that overbooking forms part of its business practices.
“We found those practices to be inconsistent with multiple sections of the CPA.
These provisions deal with prohibitions including the 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,” explained Ntaba.
Ntaba said the investigation assessed bookings made during November and December 2024, and January 2025, where it was found that the overbooking or overselling of flight tickets was systematically implemented by FlySafair.
“The investigation further revealed that overbooking affected more than 5,000 passengers during the months assessed, earning the airline significant revenue that it would not have earned were it not for this practice,” she added.
According to Ntaba, the NCC has referred the matter to the Tribunal for adjudication and for the imposition of an administrative penalty amounting to 10% of FlySafair’s annual turnover, as well as to have the airline’s conduct declared prohibited.
“There are two things that we want the National Consumer Tribunal (NCT) to declare. Firstly, to declare the airline’s conduct prohibited because it is not in line with the CPA.
Secondly, because the practice would have been declared prohibited, we are seeking an administrative penalty of 10% of its annual turnover. This is also provided for under our law and, once we have that certificate or declaration, we can implement it throughout the entire industry, or even in other industries found to have committed a similar offence,” highlighted the NCC spokesperson.
Meanwhile, FlySafair stressed that, as the matter is now before the Tribunal, “it would not be appropriate to litigate the detailed merits of the case through the media, and FlySafair will therefore refrain from further substantive public comment at this stage,” read a statement from the company.
