On 30th January, 2024, the Secretariat of the Commission commenced investigations against South African Airways for alleged unconscionable conduct.
The investigations were instituted following allegations made by complainants that between 1st September, 2023 and 29th September, 2023, they booked return flights from Malawi to South Africa on the Respondents’ plane to travel in December 2023. However, immediately after the devaluation of the Malawi Kwacha on 8th November, 2023, the Respondents suspended its services between Malawi and South Africa, and the flights were eventually cancelled.
It was alleged that the following these flight cancellations, the Respondents promised to refund the Complainants the money they paid for their air tickets. However, as at 23rd November, 2023, the Respondents had not yet made the refunds despite committing to do so.
The investigations established that upon cancelling the flights, the Respondents did not transfer the Complainants to alternative flights to ensure that they still make their travels as per the standard practice.
The investigations also established that the Complainants had suffered loss and incurred more costs due to the Respondents conduct as they were made to pay for alternative flights.
Upon deliberation, the Commission ordered the Respondents to process refunds to the complainants that reflect the value at the time of the original payments (in US Dollar terms) to prevent unfair loss due to currency fluctuations.