- Supreme Court of Appeal dismisses Eskom appeal and orders full disclosure of contracts.
- Ruling reinforces public right to access information under PAIA.
- AfriForum to appoint experts to assess procurement practices and contract compliance.
South Africa’s power utility Eskom has been ordered to disclose key coal, diesel and electricity supply contracts following a decisive ruling by the Supreme Court of Appeal in Bloemfontein.
The court dismissed Eskom’s appeal with costs, upholding a 2024 decision by the Gauteng High Court in Pretoria that directed the utility to provide AfriForum with access to contracts related to the procurement, transport and distribution of coal and diesel, as well as agreements for electricity supply to neighbouring countries.
Eskom had sought to block access to the contracts on the grounds that they contained commercially sensitive information. However, the Supreme Court of Appeal rejected this argument, affirming that disclosure is permissible under the Promotion of Access to Information Act.
Judge Elizabeth Baartman emphasised that the public has a right to access agreements concluded in its interest, adding that there was no evidence to support claims that the contracts were confidential or would disadvantage Eskom or third parties if disclosed.
The ruling marks the culmination of a legal process that began nearly four years ago when AfriForum first submitted its request for access to the contracts. The civil rights organisation argued that transparency is critical given Eskom’s significant coal procurement volumes and longstanding concerns about governance and procurement practices.
Eskom procures more than 100 megatons of coal annually, representing one of its largest cost components. The sector has faced scrutiny in recent years, including findings from the Zondo Commission into state capture and issues highlighted in Eskom’s financial disclosures.
AfriForum says it will now assemble a team of experts to analyse the contracts and determine whether they are market related and legally compliant.
Eskom acknowledged the judgment and confirmed that it is reviewing the ruling in consultation with its legal advisers. The utility indicated that it will determine its next steps following this assessment.
Link to the full judgement HERE: 20260323-Judgment-appeal-dismissed-with-costs-20260323-1
Author: Bryan Groenendaal
