NCC declares FlySafair’s overbooking practices illegal under Consumer Protection Act
The National Consumer Commission (NCC) has ruled that FlySafair’s practices of overbooking and overselling tickets are illegal under South Africa’s Consumer Protection Act (CPA).
Speaking in a parliamentary meeting on April 2, 2025, Acting Commissioner Hardin Ratshisusu cited sections 19(2) and 47(2) of the CPA, which respectively guarantee that consumers receive the services they’ve paid for and prohibit overbooking except under limited, uncontrollable circumstances.
The NCC launched a priority investigation into the airline on January 8, 2025, following a surge in consumer complaints including a high-profile incident where a paying passenger was denied boarding.
Ratshisusu stressed that accepting payments for services that cannot be delivered is a clear violation of the CPA. “Suppliers must not offer services or products that are not there to consumers because the CPA will kick in,” he warned.
Initially expected to conclude in the first quarter of the 2025/26 financial year, the investigation has now been extended to the second quarter to allow for a thorough analysis of the extensive data submitted by FlySafair.
