Airline Overbooking Ruled ‘Illegal’ As Consumer Commission Targets FlySafair

South Africa’s National Consumer Commission (NCC) has declared airline overbooking illegal, launching a priority investigation into FlySafair over allegations of overselling tickets.

Consumer Commission Declares Overbooking Unlawful

The NCC has reinforced that overbooking and overselling airline tickets violate the Consumer Protection Act (CPA). Acting commissioner Hardin Ratshisusu told Parliament that the CPA prohibits businesses from accepting payment for services that do not exist.

“So suppliers must not offer services or products that are not there to consumers because the CPA will kick in,” he said.

The commission is actively investigating FlySafair after reports that passengers were denied boarding despite confirmed bookings. Consumers affected by this practice are urged to come forward with evidence to aid the probe.

FlySafair Investigation: What You Need to Know

The NCC launched its investigation on January 8, notifying FlySafair on the same day. The airline responded on January 30 with supporting documents, but further scrutiny is required. Initially, the probe was set to conclude in early 2025, but due to the volume of data, completion has been pushed to the second quarter of the 2025/26 financial year.

Legal provisions under scrutiny include Section 19(2), which prohibits suppliers from overbooking, and Section 22, which grants consumers the right to clear and understandable information. Section 41 bans misleading marketing practices, while Section 47(2) explicitly prohibits overbooking, except under limited conditions. Section 48 outlaws unfair contract terms, and Section 49(3) obligates suppliers to highlight clauses that limit their liability.

FlySafair’s Response Sparks Outrage

FlySafair has defended its practices, claiming overbooking is a common industry method to keep prices low. The airline argues that many passengers fail to show up for flights, and overbooking prevents empty seats. However, this explanation has drawn criticism.

Dr Chris Hunsinger, a member of the transport portfolio committee, dismissed FlySafair’s reasoning as “totally unacceptable,” stating, “I was personally affected and left stranded in Joburg.”

Consumers have also voiced frustration, citing missed appointments, disrupted travel plans, and a lack of compensation for denied boarding.

Aviation Industry Faces Increased Scrutiny

The NCC’s investigation into FlySafair has prompted calls for wider probes into other airlines. However, the commission maintains that current evidence specifically points to FlySafair.

Meanwhile, the Competition Commission has noted that South Africa’s airline industry underwent significant restructuring post-COVID-19, resulting in reduced competition. FlySafair now dominates the low-cost carrier sector, with only Lift providing competition.

As investigations continue, South African travellers are urged to stay informed and report any cases of denied boarding due to overbooking.

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