Eskom has complied with a recent Supreme Court of Appeal (SCA) judgement to disclose certain contracts to AfriForum in terms of the Promotion of Access to Information Act (PAIA).
In a statement on Monday, the power utility said it has fulfilled the SCA’s 23 March 2026 court order, upholding the earlier High Court judgment, to supply Afriforum with the historical primary energy and electricity supply contracts which were active as at July 2022,and requested in terms of the PAIA.
These contracts fall into four distinct categories of legacy operational contracts:
• Independent Power Provider (IPP) list: A list of all IPPs that, 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, were feeding electricity into the national grid.
• Active Coal Distribution, Transport and Coal Purchasing Contracts: Copies of all active contracts that Eskom or any of its subsidiaries had concluded for the purchasing, transportation and distribution of coal.
• Active Diesel Purchasing Contracts: Copies of all active contracts that Eskom or any of its subsidiaries had concluded for the purchasing, transportation and distribution of diesel; and
• Supply of Electricity to Neighbouring Country Contracts: Copies of all unredacted contracts that Eskom or any one of its subsidiaries had with neighbouring countries of South Africa for the supply of electricity.
In March, the power utility said it had noted the court’s ruling and was at the time, studying the judgment
“Eskom notes the judgment… by the Supreme Court of Appeal in Bloemfontein in the matter between Eskom Holdings SOC Limited and AfriForum NPC, which was heard on 20 February 2026.
“The Court dismissed Eskom’s appeal with costs, upholding the Gauteng High Court’s order directing Eskom to provide AfriForum with access to certain coal, diesel and transport contracts,” it said at the time.
Meanwhile, the power utility also gave an update on the investigation into diesel procurement and storage contract tender MWP2197GX.
“Separate from this PAIA disclosure, Eskom’s Group Investigations and Security (GIS) function is finalising a forensic investigation into the diesel procurement and storage contract under tender MWP2197GX.
“The investigation examines possible irregularities and was initiated by Eskom following the monitoring of contract performance during operational emergencies involving load shedding in 2025, as well as information received through established reporting and whistleblowing mechanisms.”
In Monday’s statement, Eskom said the investigation reflects its evolving controls in relation to identifying risks, transparently escalating them and enforcing accountability.
The final report is expected in mid-June 2026. It also added that it will pursue criminal or civil recoveries where appropriate.
The investigation was initiated in March 2025 following the monitoring of contract performance during operational emergencies that involved load shedding in early 2025, as well as information received through established reporting and whistleblowing mechanisms. -SAnews.gov.za
