The National Consumer Commission says that FlySafair’s overbooking practice violates consumer protection laws.

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The National Consumer Commission (NCC) has found in an investigation that the practice of overbooking flights by SA’s largest domestic airline violated consumer protection laws.

The NCC referred FlySafair to the National Consumer Tribunal for a decision on the matter.

The consumer watchdog says that the investigation into bookings made between November and December 2024 and January 2025 found that the airline had systemically overbooked for up to 5 000 passengers on bookings made during this period.

It says that the airline had violated several aspects of consumer protection laws in its overbooking practices, including:

• overselling services;
• unfair and unreasonable contract terms;
• inadequate disclosures of material risks;
• misleading representations;
• unconscionable conduct;
• failure to provide services on agreed terms; and
• failure to communicate information in plain language.

Acting Commissioner for the NCC Hardin Ratshisusu said in a statement on Thursday: “The NCC’s investigation has found FlySafair’s booking practices to be inconsistent with multiple sections of the Consumer Protection Act, which is the basis of the referral to the Tribunal. The Act prohibits suppliers from taking consumers’ money for goods or services they cannot provide.”

The watchdog has asked the Tribunal to fine the airline 10% of its annual revenue and to declare the overbooking practice prohibited.

The investigation was initially launched following a public outcry on social media in January last year. At the time, FlySafair said that the practice of overbooking – which allows the airline to sell some seats twice – was used to keep tickets affordable for passengers, and that compensation would be offered for passengers who could not take up the flight; including R1 000 and booking on the next available flight or a full refund.

READ | Consumer Commission targets FlySafair over global airline practice of overbooking

At the time, chief marketing officer Kirby Gordon said that the airline would cooperate with the investigation, but said that the investigation must review practices by all local and international airlines operating in SA.

He also said that FlySafair usually overbooked one or two seats per flight, and that only 0.0006% of FlySafair customers had been denied boarding due to overbooking in ten months.

Overbooking “effectively allows airlines to sell seats at slightly lower prices because they know there will be ‘breakage’ - much like a gym will sell more memberships than they have treadmills,” Gordon said.

In response to the announcement by the NCC on Thursday, the domestic airline said overbooking had long been recognised as a standard and globally accepted practice by the aviation industry, including previously by SA’s Consumer Goods and Services Ombud, which had issued an advisory note on the practice. The note, which was issued in 2021, has since been removed from the ombud’s site, and FlySafair is calling for greater clarity around the notice.

“FlySafair understands that the advisory note is no longer published on the website of the ombud but does not understand if it has been formally withdrawn, or [if] its removal was based on formal industry consultation or direct notification processes, clearly communicating a changed regulatory interpretation to affected operators,” it said in a statement.

However, the airline also said it was confident that the Consumer Tribunal would conclude that it had acted “lawfully, transparently, and in good faith, with due regard to consumers” by the time the case was concluded.

“FlySafair believes that it operates one of the more conservative overbooking policies in the market, with overbooking levels maintained below historical no-show rates,” it said.

While the NCC found that 5 000 passengers were on overbooked flights, FlySafair said that 99.98% of the passengers were able to travel because of no-shows and that only 0.02% were denied boarding.

“Every one of them [who were denied boarding] was offered accommodation, a refund, and compensation. About 93.3% of fights over that period departed on time, and no flights were cancelled,” it said.

The article has been updated with FlySafair’s comment.