South Africa’s consumer watchdog has referred low-cost carrier FlySafair (FA, Johannesburg O.R. Tambo) to the National Consumer Tribunal, alleging the airline systematically overbooked flights and violated multiple provisions of the Consumer Protection Act (CPA). The airline maintains the practice is lawful and widely accepted in the aviation industry.

If found guilty, FlySafair may face an administrative penalty of 10% of its annual turnover, the National Consumer Commission (NCC) said in a statement. It also wants the tribunal to prohibit overbookings.

The NCC said its investigation into bookings during November and December 2024 and January 2025 found that FlySafair had overbooked flights involving an average of about 5,000 passengers per month.

"The investigation revealed that the overbooking or overselling of flight tickets was systematically implemented by FlySafair," the NCC said, alleging the practice generated "significant revenue" the airline would not otherwise have earned.

According to the commission, the airline’s conduct may have breached several sections of South Africa's Consumer Protection Act, including provisions governing overselling, misleading representations, unfair contract terms, disclosure of material risks, and failure to provide services as agreed.

"The CPA prohibits suppliers from taking consumers' money for goods or services they cannot provide," noted acting commissioner Hardin Ratshisusu.

FlySafair acted "lawfully"

FlySafair has welcomed the opportunity to present its case before the tribunal and described the dispute as one of legal interpretation.

"Although FlySafair has cooperated fully with the Commission throughout its investigation, the Tribunal process is the appropriate forum for resolving differences in legal interpretation," it said in a statement, adding that it remained confident it had acted "lawfully, transparently and in good faith".

The airline argued that overbooking is expressly recognised under Section 47 of the CPA and is a globally accepted airline practice used to offset expected no-shows and keep fares affordable.

FlySafair said more than 99.98% of passengers travelled as booked during the review period. While around 5,000 passengers had bookings on overbooked flights, it said most travelled without disruption because anticipated no-shows materialised. According to the airline, only 0.02% of passengers were denied boarding, with affected travellers offered alternative flights, refunds, and compensation.

The probe followed widespread media and social media reports after a passenger reportedly arrived to check in for a booked flight and was told no seat was available as it was overbooked. The NCC said it later received several similar complaints from consumers, while the airline publicly acknowledged overbooking as part of its business model.