FlySafair referred to tribunal after probe finds systematic overbooking

What the NCC found

The NCC said its probe prompted by a growing volume of consumer complaints and social media reports examined bookings made during November and December 2024 and January 2025. The investigation concluded that overbooking averaged up to over 5,000 passengers in the months assessed and that the practice generated significant additional revenue for the airline.

The commission determined FlySafair’s conduct contravened several sections of the Consumer Protection Act, including provisions related to the overselling of services, unfair contract terms, inadequate disclosure of material risks, misleading representations, unconscionable conduct, failure to provide services on agreed terms, and plain-language communication.

Referral and requested penalties

The matter has been referred to the National Consumer Tribunal for adjudication. The NCC is seeking an administrative penalty equal to 10% of FlySafair’s annual turnover and an order declaring the airline’s conduct prohibited under the Consumer Protection Act.

Acting Commissioner for the NCC, Hardin Ratshisusu, said the referral is based on the investigation’s finding that FlySafair’s booking practices were inconsistent with multiple sections of the CPA and noted that the CPA prohibits suppliers from taking payment for goods or services they cannot provide.

FlySafair’s response

FlySafair welcomed the opportunity to present its position before the Tribunal. In a statement, Chief Marketing Officer Kirby Gordon said the airline cooperated fully with the NCC and that the Tribunal is the appropriate forum to resolve legal differences.

“We remain 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,” Gordon said.

Gordon also noted that Section 47 of the Consumer Protection Act expressly contemplates overbooking and that an advisory note from the Consumer Goods and Services Ombud in 2021 recognised overbooking within the travel and aviation sector and provided guidance on how to manage such practices.

Operational figures cited by FlySafair

FlySafair provided figures for the period under review, saying more than 99.98% of customers travelled successfully as booked and that approximately 5,000 customers were on overbooked flights during the assessed months but the vast majority travelled because anticipated no-shows materialised.

The airline said only 0.02% of passengers were denied boarding and that those affected were offered reaccommodation, a refund, and compensation. FlySafair added that 93.3% of flights over that period departed on time, and no flights were cancelled.

Next steps

The NCC has placed FlySafair under scrutiny through the tribunal process. FlySafair said it will continue to operate scheduled flights as normal and that customer bookings remain unaffected. Because the matter is before the Tribunal, the airline said it will refrain from further substantive public comment at this stage.