FlySafair Faces Consumer Backlash Amid NCC Investigation Over Overbooking Practices
The National Consumer Commission (NCC) has launched an investigation into FlySafair following allegations of overbooking practices that left passengers stranded despite holding confirmed tickets.
The Incident That Provoked the Probe
The controversy erupted after a passenger, Thato Miles Nsala, shared his experience on X (formerly Twitter). He revealed that despite booking and paying for a FlySafair flight, he and others were denied boarding due to overbooking. Nsala criticized the airline, asking, “If you have 200 seats, why take payments for 300 passengers?”
In response, FlySafair apologized, explaining that overbooking helps them keep ticket prices affordable. They also committed to compensating affected passengers, but the explanation failed to pacify public outrage.
NCC Investigation: A Closer Look at Overbooking Practices
The NCC is now reviewing FlySafair’s compliance with key sections of the Consumer Protection Act (CPA), including:
- Section 19(2)(a): Mandates that suppliers deliver services on the agreed date and time.
- Section 47: Prohibits suppliers from accepting payment for goods or services they cannot deliver due to capacity limitations.
- Section 48(1)(b): Outlaws unfair, unreasonable, or unjust contract terms.
Hardin Ratshisusu, acting commissioner of the NCC, stated that this case would be prioritized due to its severity. The commission has urged affected consumers to come forward with information to aid the investigation.
FlySafair’s Explanation and Public Backlash
FlySafair attempted to justify its actions by sharing an article from Forbes, which argued that overbooking could benefit everyone when done correctly. However, South African consumers were unimpressed, with many criticizing the airline for its practices.
Comments from social media highlighted the frustration:
- “You cannot imply you might deliver [the service]. As a customer, I rely on getting to my destination.”
- “Overbooked travellers should be informed from the onset to eliminate misunderstandings and conflict.”
Consumer Rights Under the CPA
The CPA explicitly prohibits overbooking or overselling unless unforeseen circumstances, beyond the supplier’s control, justify the situation. Suppliers must compensate consumers for costs incurred due to such breaches and provide refunds with interest.
What’s Next for FlySafair?
The NCC has requested detailed information from FlySafair to determine if its practices violated consumer rights. Meanwhile, passengers and advocacy groups are calling for stricter enforcement of consumer protection laws to prevent such incidents.
Also read: Patriotic Alliance to Report FlySafair Passenger Nobuntu Mkhize to SAHRC After Viral Video
