The National Consumer Commission (NCC) says it has referred low-cost domestic airline FlySafair to the National Consumer Tribunal over allegations of overbooking and overselling flight tickets.However, the carrier insisted it had not broken the law and said overbooking has long been recognised as a lawful and globally accepted practice within the airline industry “when responsibly managed”.The consumer protection regulator said an investigation it launched after concerns posted on social media found FlySafair contravened sections of the Consumer Protection Act (CPA). These prohibit “overselling of services, unfair and unreasonable contract terms, inadequate disclosure of material risks, misleading representations, unconscionable conduct, failure to provide services on agreed terms, and failure to communicate information in plain language”.“The NCC’s investigation has found FlySafair’s booking practices to be inconsistent with multiple sections of the CPA, which is the basis of the referral of the matter to the tribunal. The CPA prohibits suppliers from taking consumers’ money for goods or services they cannot provide,” acting commissioner Hardin Ratshisusu said in a statement.The matter first drew public attention after a consumer reportedly purchased a FlySafair ticket but was told on arrival to check in that no seat was available because the flight had been overbooked. “The NCC further noted several complaints by consumers who alleged they had experienced the same issue with the airline. The airline publicly acknowledged overbooking is part of its business practices,” the commission said.Assessments of bookings made during November and December 2024 and January 2025 revealed the carrier systematically overbooked and oversold flight tickets, averaging more than 5,000 passengers in the months assessed. This earned the airline significant revenue that it would otherwise not have attained.The commission said it had referred the matter to the tribunal for adjudication and for the imposition of an administrative penalty of 10% of FlySafair’s annual turnover.FlySafair said it welcomed the opportunity to fully present its position at the tribunal, which was the appropriate forum for resolving differences in legal interpretation between itself and the commission.“We remain confident that, on a full consideration of the facts, the legal framework and prevailing industry practice, it will be demonstrated FlySafair has acted lawfully, transparently and in good faith, with due and careful regard to the rights of consumers,” it said in a statement.“Overbooking is expressly contemplated by Section 47 of the CPA and has long been recognised as a lawful and globally accepted practice within the airline industry when responsibly managed.”It said the Consumer Goods and Services Ombud’s advisory note 9 of 2021 specifically recognised overbooking within the travel and aviation sector and provided guidance to industry on how such practices should be managed and remedied where disruptions occur.“FlySafair understands the advisory note is no longer published on the website of the ombud but does not understand that it was formally withdrawn, or that its removal was based on formal industry consultation or direct notification processes clearly communicating a changed regulatory interpretation to affected operators,” it said.“We believe this matter highlights the need for greater clarity and consistency regarding the treatment of overbooking practices across the aviation sector, tourism sector and consumer goods and services industry as a whole.”FlySafair will continue to operate all scheduled flights as normal and customer bookings remained unaffected.