Eskom complies with SCA order, releases legacy energy contracts to AfriForum

Eskom has complied with a Supreme Court of Appeal (SCA) order by releasing unredacted legacy energy and supply contracts for the purchase and transport of coal and diesel. The utility’s decision comes after the SCA last month found that it was in the public interest to disclose the contracts and rejected Eskom’s argument that they are commercially sensitive. Eskom released the cross-border electricity contractsbut withheld the coal and diesel agreements, citing commercial sensitivity.

However, AfriForum challenged this in the Pretoria High Court and won in 2024. The high court found that Eskom’s initial and additional reasons for refusing access to the required information were insufficient and without any merit. “This disclosure covers coal, diesel, independent power producers, and electricity exports, ensuring the public has sight of contracts that underpin South Africa’s energy supply.” Meanwhile, Eskom said it is finalising a forensic investigation into its diesel procurement and storage contract, probing possible irregularities flagged during 2025 load‑shedding emergencies and whistleblower reports.

The final report is due mid‑June 2026, with potential criminal or civil action not ruled out. “The forensic probe into diesel procurement under tender MWP2197GX reflects Eskom’s evolving controls – irregularities will be escalated transparently, and criminal or civil recoveries will be pursued where appropriate,” it said. The probe started in March 2025after monitoring contract performance during operational emergencies, including load shedding in early 2025.

[paywall]

Eskom also received information through reporting and whistleblowing. The firm probed contracts for the supply of diesel to Eskom’s OCGT power stations. These power stations support the utility’s system during emergencies, especially during periods of high breakdown rates and peak demand.

[/paywall]