The National Consumer Commission (NCC) has referred Safair Operations (Pty) Ltd trading as FlySafair to the National Consumer Tribunal (Tribunal) for alleged contraventions of the Consumer Protection Act 68 of 2008 (CPA). This follows an investigation initiated by the NCC in terms of section 71(2) of the CPA.
The NCC noted concerns in the media, including social media platforms, regarding allegations of FlySafair overbooking and/or overselling flight tickets.
The matter first drew public attention after a consumer had reportedly purchased a flight ticket for FlySafair and, upon arrival to check in, was informed that no seat was available because the flight had been overbooked. The NCC further noted several complaints by consumers who alleged that they had experienced the same issue with the airline. The airline publicly acknowledged that overbooking is part of its business practices.
The NCC’s investigation revealed that FlySafair’s conduct contravened sections 47, 48(1), 49(1), 22(1), 40(1), 41(1), and 19(2) 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.
The investigation assessed bookings made during November and December 2024, and January 2025, where the investigation revealed that the overbooking or overselling of flight tickets was systematically implemented by FlySafair. The investigation further revealed that overbooking averaged up to over 5000 passengers in the months assessed, earning the airline significant revenue that it would not have earned if it were not for this practice.
The NCC has referred the matter to the Tribunal for adjudication and for the imposition of an administrative penalty of 10% of the FlySafair’s annual turnover and to have FlySaFair’s conduct declared prohibited.
The NCC’s Acting Commissioner, Mr. Hardin Ratshisusu, said: “The NCC’s 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.”
D-Hog-Day
Harry Oppenheimer – Harry Oppenheimer led South Africa’s two biggest companies (De Beers and Anglo America) through their most successful years and created more jobs than any other South African businessman in history. Harry Oppenheimer and his wife Bridget were also keen horse breeders. They bred Horse Chestnut, which is arguably the most exceptional race horse ever bred in South Africa. Chestnut was known for winning races by large margins – he won the J&B Met by over 8 lengths.