KEY POINTS
- Eskom has complied with a Supreme Court order by releasing coal, diesel, and energy supply contracts to AfriForum
- The disclosure follows years of legal battles over access to information under South Africa’s transparency laws
- Eskom is also conducting a diesel procurement investigation while continuing governance and financial reforms amid credit rating concerns
South Africa’s power utility, Eskom, has complied with a Supreme Court of Appeal ruling by releasing previously withheld legacy energy contracts, marking a significant legal and transparency victory for civil rights organisation AfriForum.
The disclosure includes unredacted agreements covering coal procurement, diesel supply, transport arrangements, and other key energy-related contracts that underpin the country’s electricity system.
The decision follows a ruling by the Supreme Court of Appeal (SCA), which found that Eskom’s refusal to release the documents was unjustified and not in the public interest.
The court held that the utility’s argument that the contracts were commercially sensitive did not outweigh the need for transparency, especially given their role in public energy supply.
Following the judgment, Eskom was compelled to provide full access to previously restricted agreements.
AfriForum’s access to information request
The case began in June 2022 when AfriForum submitted a request under the Promotion of Access to Information Act (PAIA), seeking access to Eskom’s electricity supply agreements with neighbouring countries and its fuel procurement contracts.
While Eskom initially released cross-border electricity supply contracts, it refused to disclose coal and diesel agreements, citing commercial confidentiality.
This partial refusal led to legal action that eventually escalated to the High Court and later the Supreme Court of Appeal.
In 2024, the Pretoria High Court ruled in favour of AfriForum, finding that Eskom’s reasons for withholding the information were insufficient.
The ruling was later upheld by the SCA, which reinforced that public access to contracts involving state resources is essential for accountability.
Alongside the disclosure, Eskom has confirmed it is finalising a forensic investigation into its diesel procurement and storage contracts, particularly those used during periods of load shedding in 2025.
The probe focuses on potential irregularities flagged through internal monitoring and whistleblower reports, with a final report expected by mid-June 2026.
Eskom has indicated that criminal or civil action may follow if misconduct is established.
The investigation also reviews contracts supplying diesel to open-cycle gas turbine stations, which are critical during emergency power shortages and peak demand periods.
