South Africa’s National Consumer Commission (NCC) has referred low-cost airline FlySafair to the National Consumer Tribunal over allegations of systematic flight overbooking, and is seeking an administrative penalty of up to 10% of the airline’s annual turnover.
The referral was confirmed in a statement issued by the NCC on Wednesday, 21 May 2026, and follows an investigation launched in January 2025 after public complaints about denied boarding.
What the investigation found
The NCC said its investigation reviewed FlySafair bookings between November 2024 and January 2025 and found that around 5,000 passengers per month were affected by overselling during that period.
Acting Commissioner Hardin Ratshisusu said in the NCC statement that the airline’s conduct contravened several sections of the Consumer Protection Act, including overselling of services, unfair contract terms, misleading representations, and failure to provide services on agreed terms.
“The NCC’s investigation has found FlySafair’s booking practices to be inconsistent with multiple sections of the Consumer Protection Act, which is the basis of the referral to the Tribunal. The Act prohibits suppliers from taking consumers’ money for goods or services they cannot provide,” Ratshisusu said.
FlySafair’s response
FlySafair has defended the practice, describing overbooking as a standard global aviation practice used to manage no-shows and keep ticket prices low. The airline said that while more than 5,000 passengers were booked on oversold flights during the period reviewed, only 0.02% were inconvenienced. FlySafair said it had cooperated fully with the investigation and welcomed the opportunity to present its case to the Tribunal.
What happens next
The matter now rests with the National Consumer Tribunal, which has the power to impose penalties and order corrective action. The NCC has asked the Tribunal to declare FlySafair’s conduct prohibited under the Consumer Protection Act and to impose a penalty equal to 10% of the airline’s annual turnover.
Source: Statement issued by the National Consumer Commission on 21 May 2026, with comment from Acting Commissioner Hardin Ratshisusu and spokesperson Phetho Ntaba. Response from Safair Operations (Pty) Ltd t/a FlySafair.
