Eskom has released a batch of historically sensitive contracts to civil rights organisation AfriForum following a Supreme Court of Appeal (SCA) ruling that compelled the state-owned entity to disclose the documents under the Promotion of Access to Information Act (PAIA).
The power utility confirmed on Monday it had fulfilled the court order handed down on 23 March, which upheld an earlier High Court judgment requiring Eskom to supply AfriForum with historical primary energy and electricity supply contracts that were active as at July 2022.
The disclosure includes four categories of legacy operational contracts: a list of all independent power producers (IPPs) feeding electricity into the national grid in terms of schedule two of the Electricity Regulation Act of 2006, as gazetted by the Department of Mineral Resources and Energy in August 2021; copies of all active contracts that Eskom or its subsidiaries had concluded for the purchasing, transportation and distribution of coal; all active diesel purchasing contracts; and unredacted contracts with neighbouring countries for the supply of electricity.
AfriForum had submitted the initial PAIA request in July 2022, seeking access to Eskom’s active coal and diesel contracts as well as electricity supply agreements with neighbouring countries. Eskom partially complied but refused full access, citing refusal provisions under PAIA.
After Eskom failed to respond to AfriForum’s internal appeal, the organisation approached the Gauteng High Court in Pretoria, which ruled in its favour on 22 March 2024. Eskom then appealed to the SCA, but the appeal was dismissed with costs on 23 March this year.
The SCA held that Eskom had not met the required test for refusal under the cited PAIA provisions, emphasising that public disclosure is the default position and that refusals must be properly justified with evidence specific to the contracts sought, rather than general allegations.
AfriForum described the ruling as a “decisive final victory” in a statement issued on 23 March 2026, noting that all active Eskom contracts relating to the purchase, transport and distribution of coal and diesel, as well as contracts for electricity supply to neighbouring countries, must now be made available to the organisation.
Separately, Eskom provided an update on an ongoing forensic investigation into diesel procurement and storage contract tender MWP2197GX. The investigation, being conducted by Eskom’s Group Investigations and Security function, examines possible irregularities and was initiated in March 2025 following the monitoring of contract performance during operational emergencies involving load shedding in early 2025.
The power utility said the investigation reflects its evolving controls in identifying risks, transparently escalating them and enforcing accountability. The final report is expected in mid-June, and Eskom has indicated it will pursue criminal or civil recoveries where appropriate.
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