NCC probe puts FlySafair under scrutiny as Tshepo Mahloele’s Harith advances deal

Just after Harith General Partners, a Pan-African infrastructure investor led by Tshepo Mahloele, agreed to acquire South Africa’s largest domestic carrier, FlySafair, the airline has been drawn into a regulatory dispute over its ticketing practices. The timing places a major corporate transaction alongside renewed scrutiny from South Africa’s consumer watchdog, adding pressure at a sensitive point in the ownership transition.

The National Consumer Commission (NCC) has referred Safair Operations (Pty) Ltd, trading as FlySafair, to the Consumer Tribunal following an investigation into allegations of overbooking and overselling of seats. The inquiry began after complaints surfaced on social media and were later supported by passenger reports describing cases where confirmed ticket holders were denied boarding due to a lack of available seats.

NCC probes FlySafair overbooking model

According to the NCC, acting commissioner Hardin Ratshisusu said the investigation found that FlySafair’s booking model appeared to conflict with several provisions of the Consumer Protection Act. The commission said its review covered bookings made between November and December 2024, as well as January 2025, and pointed to repeated instances where the airline allegedly sold more tickets than available seats. The NCC added that FlySafair itself has acknowledged that overbooking forms part of its commercial approach.

In its findings, the regulator said the airline’s practices raised questions around disclosure, contract terms, and communication with customers at the point of sale. It also cited concerns over whether passengers were given clear and complete information about the risk of being denied boarding. The NCC further alleged that the pattern of overselling affected thousands of passengers and generated revenue linked directly to those excess bookings.

The commission is seeking a ruling from the tribunal that could include an administrative penalty of up to 10 percent of FlySafair’s annual turnover and a declaration that certain practices violate consumer law. It said the matter will test how far airlines can go in managing demand without crossing into conduct that leaves passengers without the service they paid for. 

Harith advances FlySafair acquisition

The regulatory action comes as Harith General Partners moves ahead with its planned acquisition of FlySafair. The transaction marks a return to aviation investment for Harith after its earlier bid for South African Airways did not materialise. Once completed, the deal will give Harith full ownership of Safair Operations, while maintaining the airline’s current leadership structure and day-to-day operations.

Tshepo Mahloele, chair of Harith, said the transaction is expected to close in the fourth quarter, subject to approvals from competition authorities and aviation regulators. The deal will also trigger changes within ASL Aviation Group, which holds an indirect stake in Safair Operations. Dublin-based ASL Aviation Holdings is owned by London-based Star Capital Partners.