The National Consumer Commission has referred low-cost airline FlySafair to the Consumer Tribunal, alleging the carrier’s practice of overbooking flights violates South Africa’s Consumer Protection Act.
The Commission is seeking a fine of at least 10% of the airline’s annual turnover, according to Prudence Moilwa, head of complaints and investigations at the National Consumer Commission.
“Overbooking is illegal,” Moilwa said in an interview. “We have been able to establish that there are several sections of the Consumer Protection Act that are being violated around the practice of overbooking by FlySafair.”
The Commission’s investigation found that FlySafair admitted to overbooking flights. Moilwa stated that the airline’s own terms and conditions provide for overbooking, which the Commission determined to be “unreasonable.” The investigation also revealed failures in disclosing material risks associated with overbooking, a lack of plain and understandable language in communications, and what Moilwa described as “unconscionable conduct.”
Between November 2024 and January 2025 alone, approximately 5,000 passengers were affected by the practice, the Commission found.
When asked whether customers could simply choose not to fly with an airline that openly overbooks, Moilwa responded: “Part of the reason why we have the Consumer Protection Act is for the law to be upfront with regard to what is allowed and what is not allowed. The fact that consumers may actually choose to enter into a contract that is illegal does not make it lawful.”
The Commission noted that Section 47 of the Act permits overbooking only when it is “incidental” and beyond the carrier’s control. “If you plan it up front, it’s not the circumstance that is actually envisaged,” Moilwa said.
Regarding the airline industry’s common argument that overbooking compensates for passengers who fail to show up, Moilwa said FlySafair did not raise that defense. “If you’ve booked a flight and you miss it, you will forfeit the amount that you have paid. So the issue of financial loss on the side of FlySafair does not feature,” she said.
The Commission confirmed it is seeking the maximum penalty of 10% of FlySafair’s annual turnover. “We believe that this is the appropriate fine looking at the 5,000 customers that were affected,” Moilwa said. “We would like to nip it in the bud.”