South Africa — Consumer Protection Act 68 of 2008 applied to air carriage

The clocks it starts

• Two years for a Montreal Convention claim (Art. 35)This is the limitation period for the Convention claim for proven delay damages on international carriage, not for any national compensation scheme, which may have its own. It is fatal to the Convention claim specifically, and correspondence does not suspend it.Montreal Convention 1999, Art. 35(1) — Art. 35(1)Limitation period

What it entitles you to, beyond money

• Section 54: a refund of a reasonable portion of the priceThis is the operative provision and almost nobody cites it. Section 54(1) entitles a consumer to the timely performance of services and to services of a quality that persons are generally entitled to expect. Section 54(2) lets the consumer require the supplier either to remedy the defect or to refund a reasonable portion of the price, having regard to the extent of the failure. Applied to a flight that went five hours late, that is an argument for a material refund of the fare — not a fixed figure, but a statutory entitlement to something, which is more than a request for goodwill.
• Section 17 and cancellation charges, in both directionsSection 17 governs advance reservations and limits the cancellation penalty a supplier may impose to a reasonable charge, taking into account the nature of the service, how far in advance the cancellation came and the general practice of the industry. Airlines rely on it when you cancel. It also constrains what they can keep when the reservation does not go ahead, and it is worth reading before accepting that a non-refundable fare is entirely forfeit.
• The Montreal Convention through the Carriage by Air ActOn international carriage the Carriage by Air Act 17 of 1946, as amended, gives effect to the Montreal Convention in South African law. Art. 19 gives a claim for the loss the delay actually caused, which runs alongside the Consumer Protection Act claim rather than replacing it — though on international carriage a court may treat the Convention as exclusive for damages, so plead the regulatory and contractual limbs separately.
• Ask whether the African Union consumer regulation has been domesticatedThe Yamoussoukro Decision is implemented through a set of regulations that includes one on the protection of consumers of air transport services, administered through the African Civil Aviation Commission. Whether it gives you an enforceable right depends on whether your state has brought it into domestic law, which varies across the continent and which we have not verified state by state. It is worth one line in your complaint to the national authority: ask whether the African Union consumer protection regulation applies to your flight and, if so, what it provides. The answer is either a right you did not know you had or a clear statement that the national regulation is the only one in play.
• Montreal Convention damages for delay (international carriage)On international carriage between States Parties, Art. 19 of the Montreal Convention makes the carrier liable for the damage the delay actually caused you — the unused hotel night, the missed onward booking, the extra meals and transport — unless it proves it took all measures that could reasonably be required. It is capped at 6,303 SDR per passenger (the figure ICAO set with effect from 28 December 2024) and it requires receipts, not a formula. This claim exists independently of any national scheme, and airlines never mention it. The right is extinguished two years after arrival under Art. 35.Art. 19, Art. 22(1)

Where to take it next

1. 01Written claim to the airlineWrite to the carrier citing s. 54(2)(b) of the Consumer Protection Act and asking for a refund of a reasonable portion of the fare, stating what the failure was and what it cost you. Naming the section changes the conversation: most airline complaint teams in South Africa know exactly what it means.Claim direct·typically 30 days
2. 02National Consumer CommissionThe NCC enforces the Consumer Protection Act and takes complaints against suppliers including airlines. It can refer a matter to the National Consumer Tribunal.Regulator·typically 90 days·official page
3. 03South African Civil Aviation AuthorityThe SACAA regulates safety and licensing rather than consumer redress, and it will not order a refund. It is the right destination for a complaint about a carrier's licence conditions or conduct, and the wrong one for a delay claim.Regulator·typically 90 days·official page
4. 04Small Claims Court or the Magistrates' CourtBinding on themThe Small Claims Court hears claims up to R 20,000 with no lawyers and no fee, and is a realistic route for a fare refund. The National Consumer Tribunal is the alternative where the complaint is a contravention of the Consumer Protection Act rather than a money claim.Small claims·typically 180 days