South African airline overbooking warning

South African airlines have been reminded that overbooking flights is illegal under the Consumer Protection Act (CPA). It came ahead of the Easter holidays, a major travel period for South Africans.

The National Consumer Commission (NCC) warned airlines during a joint meeting of parliament’s portfolio committees on trade, industry and competition and transport.

The committees hosted a joint meeting on 1 April 2025 to investigate anti-competitive behaviour, overbookings, overpricing, and other challenges in the budget airline market.

The committees heard that before the COVID-19 pandemic, market share had been evenly spread among competitors, and the market was reasonably open to newcomers.

However, in the post-pandemic era, three companies dominate the market. In addition, overbooking is a common practice, and pricing varies depending on the date of departure.

The issue of overbooking followed an investigation by the NCC into FlySafair at the start of the year after complaints from passengers, including one who was stranded despite having paid for a seat.

In response, FlySafair said that overbooking is standard and a globally accepted practice by airlines to manage operations efficiently, mitigate the financial impact of no-show passengers, and keep air travel affordable.

However, other airlines, such as Airlink and CemAir, issued public statements distancing themselves from the practice.

“Airlink would like to inform all its customers and future travellers that we do not overbook our flights. Contrary to what has been said publicly by FlySafair, not all SA airlines partake in the practice,” Airlink said.

CemAir, another major player in the local aviation sector, reiterated its stance on the issue. “CemAir wishes to reassure its customers that we do not engage in, and never have engaged in, the practice of overbooking.

National Consumer Commission warns airlines

During the joint meeting, Hardin Ratshisusu, acting NCC commissioner and Competition Commission deputy commissioner, said the FlySafair investigation is still underway.

He added that the commission had received an initial response from FlySafair with extensive supporting information and data.

Despite this, Ratshisusu said FlySafair’s submissions require further probing. The NCC noted that the investigation is planned to be completed in the second quarter of 2025/26.

However, in light of the investigation and the joint meeting, it was reported that the NCC took the opportunity to warn all airlines that overbooking and overselling airline flight tickets are illegal under the CPA.

He said Section 22 gives consumers the right to information in plain and understandable language, while Section 41 prohibits suppliers from marketing goods or services falsely or in a misleading or deceptive manner.

Ratshisusu said Section 47 (2) is specific to overbooking and overselling, and it is clear that they are prohibited, except under limited circumstances.

This warning comes ahead of a significant holiday period for South Africa, the Easter holidays, one of the busiest times for travel across the country, as evidenced by the numbers observed from last year.

Over the Easter period in 2024, the Border Management Authority (BMA) noted it facilitated over R1.13 million travellers across the country’s 71 ports of entry.

BMA’s Commissioner Mike Masiapato noted that OR Tambo International Airport, the Lebombo port of entry to Mozambique, and the Beitbridge port of entry to Zimbabwe were the top three ports that processed the majority of travellers, a total of 528,042 individuals.

The BMA also processed about 36,675 private vehicles, 1,893 minibus taxis, 1,309 buses and over 2,621 aircraft at various international airports. 

Data from Lightstone further highlighted that South Africans travelled more than 2.3 billion kilometres over the Easter long weekend in 2024, the highest number recorded in six years of tracking data and 12% up from 2023.