- Eskom has released historical primary energy and electricity supply contracts to AfriForum following a Supreme Court of Appeal judgment.
- The disclosure includes contracts covering independent power producers, coal procurement, diesel supply and electricity exports to neighbouring countries.
- Eskom says a forensic investigation into a diesel procurement tender is nearing completion, while stronger procurement oversight measures have been reinstated.
Eskom has complied with a Supreme Court of Appeal ruling requiring the utility to provide AfriForum with historical primary energy and electricity supply contracts requested under South Africa’s Promotion of Access to Information Act (PAIA).
The utility confirmed on 1 June 2026 that it had fulfilled the court order following the Supreme Court of Appeal’s judgment on 23 March 2026, which upheld an earlier High Court decision directing Eskom to disclose contracts that were active as of July 2022.
The disclosed documents cover four categories of legacy operational agreements. These include a list of Independent Power Producers (IPPs) supplying electricity to South Africa’s national grid under Schedule 2 of the Electricity Regulation Act, as gazetted by the Department of Mineral Resources and Energy in August 2021.
The disclosure also includes active coal purchasing, transportation and distribution contracts, active diesel procurement agreements and contracts governing electricity exports to neighbouring countries.
Separately, Eskom revealed that its Group Investigations and Security division is finalising a forensic investigation into diesel procurement and storage tender MWP2197GX.
The investigation was launched following the monitoring of contract performance during load shedding related operational emergencies in 2025, as well as information received through internal reporting channels and whistleblower mechanisms. The probe is examining potential irregularities linked to the contract.
Eskom said the investigation demonstrates the utility’s enhanced ability to identify procurement risks, escalate concerns transparently and enforce accountability measures. A final report is expected by mid-June 2026, with the utility indicating that criminal proceedings or civil recovery actions will be pursued where warranted.
The state owned power utility has also strengthened its procurement governance framework by reinstating proactive assurance and full scope probity reviews for high value tenders.
A central review panel responsible for assessing procurement transactions exceeding R500 million was discontinued in October 2022 due to cost considerations and the absence of significant findings in previously reviewed tenders. Following its removal, only limited scope reviews were conducted by external audit firms, focusing primarily on anti-bribery, fraud and anti-money laundering compliance.
Eskom said that from late 2025, comprehensive assurance and probity reviews were reintroduced, including retrospective reviews of selected transactions from the previous year. The enhanced process now applies to all major tenders and is intended to make it significantly more difficult for non-compliant bidders to progress through procurement processes.
The utility said its contracting environment continues to evolve through stronger governance structures and controls aimed at protecting operational integrity and ensuring compliance with national procurement regulations.
Eskom reiterated its commitment to transparency, accountability and improved oversight across its procurement and contracting activities.
Author: Bryan Groenendaal
