Alleged unconscionable conduct by South African Airways

The Commission  ordered South African Airways (SAA) to refund a Complainant for the expenses incurred following the company’s unconscionable conduct in rescheduling his travel itinerary. The Commission further ordered SAA to apologize to the complainant for the inconvenience caused by the cancellation of his flight to Malawi on 26th July, 2017. The Commission further ordered SAA to cease and desist from engaging in unconscionable conduct.

This followed investigations the Commission conducted against South African Airways (SAA) following a complaint from Mr Davlin Chokazinga, on allegations of unfair treatment. The investigations showed that the complainant’s flight was delayed due to reasons beyond both him and SAA’s control on 23rd July, 2018, and this led to his failure to board on his connecting flight to Malawi. According to SAA flight cancellation policy, they booked the complainant and other passengers the next flight to Malawi in order to avoid the inconveniences. The investigations found that SAA cancelled the booking without consulting the complainant and they told him to pay the entire travel, accommodation and food expenses on his own. The complainant ended up spending six thousand and twenty South African Rands (ZAR 6,020). The Commission found this conduct unconscionable, contrary to section 43 (1) (g) of the CFTA.