According to the court, no evidence was provided that the agreements really contained confidential information that could harm Eskom or third parties. (Photo: Dirk Hermann/Facebook)
The veil of secrecy surrounding Eskom’s controversial coal contracts will finally be lifted. This follows after AfriForum achieved a final victory in the Supreme Court of Appeal in Bloemfontein on Monday.
The Court of Appeal dismissed Eskom’s attempt to overturn a ruling in 2024 with costs. This ruling means that the power supplier must now make all active contracts for the purchase, transport and distribution of coal and diesel available to AfriForum. It also includes contracts for the supply of electricity to neighboring countries.
The legal battle has been ongoing since March 2024, when the Gauteng High Court in Pretoria found that Eskom’s refusal to share information in terms of the Promotion of Access to Information Act (PAIA) was unlawful. At the time, Eskom argued that it had to protect commercially sensitive information, but the court rejected this argument.
Public interest outweighs ‘sensitivity’
In her ruling, Judge Elizabeth Baartman emphasized that Eskom concludes contracts in the interest of the public, and that the same public therefore has the right to know what is in the documents.
According to the court, no evidence was provided that the agreements really contained confidential information that could harm Eskom or third parties.
Morné Mostert, manager of local government affairs at AfriForum, says the road to this point was long.
“It has been nearly four years since the organization originally submitted its PAIA application to Eskom regarding this. An investigation will now finally be able to be carried out to determine whether the coal and diesel contracts were market-related and legally concluded.”
Transparency amid corruption fears
Mostert believes transparency is non-negotiable, especially in light of the enormous sums of money involved in fuel purchases.
“The procurement of coal is one of Eskom’s biggest expenses, as more than 100 megatons of coal are purchased annually.
“In light of documented irregularities regarding Eskom’s procurement processes, findings of the Zondo commission of inquiry into state capture and complete deficiencies in Eskom’s own financial statements, transparency in relation to these contracts is essential,” says Mostert.
AfriForum will now assemble a team of experts to study and analyze the stacks of contracts in depth.