FlySafair is being investigated by the National Consumer Commission (NCC) following reports that it accepts bookings and payments from more passengers than there are seats available on its flights.
The NCC has initiated an investigation into FlySafair’s conduct of overbooking and/or overselling to assess and review compliance with provisions of the Consumer Protection Act (CPA) 68 of 2008.
In particular, the NCC will determine whether the country’s biggest airline is in violation of Sections 19(2)(a), 22 (1)(b), 41(1)(a), 47, and 48(1)(b) of the CPA.
“The NCC has established communication with the airline and required relevant information to kickstart the investigation,” said NCC Acting Commissioner, Hardin Ratshisusu.
“The NCC will prioritise this investigation given the nature of the allegations. Consumers affected by this practice are urged to come forward and provide information that could assist the investigation.”
Perfectly normal
FlySafair contends that overbooking flights is perfectly normal in the aviation industry and is a globally accepted practice for airlines as it assists in mitigating the financial impact of no-show passengers whilst keeping air travel as affordable as possible.
It’s almost inevitable that a few passengers won’t show up for any given flight due to a variety of reasons, from transport issues and traffic to a sudden change in plans or even oversleeping, in which case there will be enough seats for everyone who did arrive before the deadline.
However, every once in a while, such as during peak holiday season, every individual will pitch up on time with their ticket in hand, in which case there won’t be sufficient space on the flight for all of them.
In this scenario, FlySafair will ask volunteers who are not in a rush to give their seats to other people in exchange for things such as flight vouchers, miles, or other compensatory packages.
If no volunteers are willing to make the sacrifice, FlySafair is forced to refuse boarding to some.
Fortunately, FlySafair spokesperson Kirby Gordon said that the airline limits overbooking to a maximum of 1% of the particular flight’s capacity, usually equating to about two seats per flight.
As such, FlySafair only had to boot 0.0006% of customers due to overbooking in the last 10 months.
The company contends that its practices are compliant with the CPA and said that due to the ubiquity of overbooking, the NCC should extend its investigation to other airlines operating in South Africa and not just focus on FlySafair.
“We are fully prepared to engage constructively with the NCC, providing all required information and context to assist their investigation,” said Gordon.
“However, we firmly believe this process must include a holistic review of the practices of all airlines operating in South Africa, both local and international, to ensure the findings are fair, balanced and in the best interest of consumers.”
FlySafair in the limelight once again
The overbooking debacle marks the second time FlySafair has come under fire in recent months.
In November 2024, the International Air Services Council (IASC) ruled that the carrier’s shareholder structure is non-compliant with South African law.
Local regulations stipulate that registered domestic airlines may have no more than 25% foreign shareholding.
However, the IASC believes that approximately 74.86% of FlySafair shares are owned by ASL Aviation Holding, an Ireland-based company focused on cargo and passenger airline operations that serves over 150 airports worldwide.
While FlySafair said the ruling would have no impact on its domestic flights, it could affect the airline’s international routes.
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