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Eskom hands over contracts to AfriForum after court ruling

The power utility has complied with a Supreme Court of Appeal order to disclose historical energy supply contracts to AfriForum, while a separate diesel procurement investigation nears completion.

Eskom has complied with a recent Supreme Court of Appeal (SCA) ruling requiring it to disclose certain contracts to AfriForum in terms of the Promotion of Access to Information Act (PAIA).

In a statement issued on Monday, the power utility confirmed it had fulfilled the court order handed down on March 23.

The ruling upheld an earlier Gauteng High Court judgment directing Eskom to provide AfriForum with access to historical primary energy and electricity supply contracts active as of July 2022.

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The documents released fall into four categories of legacy operational contracts.

These include a list of Independent Power Producers (IPPs) supplying electricity to the national grid in terms of Schedule 2 of the Electricity Regulation Act of 2006, as gazetted by the Department of Mineral Resources and Energy in August 2021.

Eskom also disclosed active coal purchasing, transportation and distribution contracts, active diesel procurement and distribution agreements, as well as unredacted electricity supply contracts between the utility and neighbouring countries.

The disclosure follows a legal battle between Eskom and AfriForum over access to information held by the state-owned power utility.

In March, Eskom acknowledged the outcome of the appeal after the SCA dismissed its case with costs.

“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,” the utility said at the time.

Meanwhile, Eskom has provided an update on a separate forensic investigation into the diesel procurement and storage contract tender MWP2197GX.

The utility said its Group Investigations and Security (GIS) division is finalising an investigation into possible irregularities linked to the contract.

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According to Eskom, the probe was initiated after concerns emerged during the monitoring of contract performance amid load-shedding-related operational emergencies in early 2025. Information received through established whistleblowing and reporting channels also informed the investigation.

Eskom said the investigation forms part of efforts to strengthen governance controls, identify risks, improve transparency and ensure accountability where necessary.

The final report is expected to be completed by mid-June.

Should evidence of wrongdoing emerge, Eskom said it would pursue criminal action and civil recovery processes where appropriate.

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