The National Consumer Commission (NCC) is cracking down on the practice of overbooking flights in South Africa.
Hardin Ratshisusu, acting commissioner of the NCC and deputy commissioner of the Competition Commission, told the joint meeting of parliament’s portfolio committees on trade, industry, and competition that overbooking and overselling airline flight tickets is illegal in terms of the Consumer Protection Act (CPA).
He also stated that this is a matter of priority for the NCC and urged consumers to come forth with information that will aid in its investigation.
A frustrating practice for consumers
The meeting, which took place on Tuesday, 1 April, follows an investigation launched by the NCC on 8 January to examine the practice of overbooking and overselling by local and regional airline FlySafair to assess its compliance with the CPA, according to a report by Moneyweb.
Ratshisusu stated that the CPA prohibits suppliers from accepting payment for goods and services that do not exist.
Therefore, suppliers must not offer services or products to consumers that are not available.
The NCC’s investigation is still ongoing, and is calling on citizens to provide additional information that will be considered in its final report.
FlySafair responded to the probe on 30 January with supporting information, however, Ratshisusu said that analyzing this data requires more time.
The initial goal was to conclude the investigation in the first quarter of the 2025/2026 financial year, but this window has since been moved to the second quarter.
Ratshisusu explained that there are specific provisions of the CPA that deal with overbooking and overselling, which it is using in its investigation into FlySafair.
Section 19 (2) states that suppliers may not overbook and that consumers are entitled to receive the service they paid for as agreed with the supplier.
Section 22 gives consumers the right to information in plain and understandable language, and Section 41 prohibits suppliers from marketing goods or services in a misleading or deceptive manner.
Furthermore, Section 47 (2) specifically applies to overbooking and overselling and makes it clear that the practice is forbidden with rare exceptions based on circumstance.
Section 48 prohibits unfair and unreasonable contract terms, and Section 49 (3) obligates suppliers to make the consumer aware of the terms and conditions that limit the supplier’s liability.
The NCC states that its investigation was prompted following an incident where a consumer booked a flight, paid for it, and arrived on time at the airport only to be told that there was no space on the plane.
Other travellers have shared similar stories, resulting in lost time, missed appointments, and disrupted travel plans.
Ratshisusu said that the NCC received comments urging it to expand its investigation to other airlines, but that its current data specifically highlights FlySafair engaging in the practice.
In these situations, the industry tends to fall back on the defense that overbooking is a common practice and that it ultimately benefits the consumer by lowering prices.
FlySafair argues that every ticket sold is not a guarantee that a person will show up, which means double bookings are a rare occurrence.
By overbooking flights, the company states it can ensure that there are fewer empty seats on a flight, which means consumers are not forced to bear the cost of those unused seats.
Dr Chris Hunsinger, a member of the portfolio committee on transport, took issue with this argument, having personally experienced a time when he was stuck at the airport due to an overbooking.
“I really find the submitted reason that it’s common practice and of benefit to customers really surprising and totally unacceptable. It just cannot be,” he said.
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