AfriForum gains access to Eskom's previously concealed contract files

Mthobisi Nozulela|Published
The disclosure includes key agreements relating to independent power producers, coal supply and transport, diesel procurement, and electricity exports to neighbouring countries, with contracts that were active as at July 2022.

The disclosure includes key agreements relating to independent power producers, coal supply and transport, diesel procurement, and electricity exports to neighbouring countries, with contracts that were active as at July 2022.

Image: IOL Graphics

Power utility Eskom has announced that it has complied with a Supreme Court of Appeal ruling ordering it to release a range of historical energy supply and fuel procurement contracts to the organisation AfriForum under the Promotion of Access to Information Act.

The disclosure includes key agreements relating to independent power producers, coal supply and transport, diesel procurement, and electricity exports to neighbouring countries, with contracts that were active as at July 2022.

In a statement released to the media, the power utility said it had fully complied with the court order handed down by the Supreme Court of Appeal.

It said the release forms part of compliance with the Promotion of Access to Information Act following the court’s ruling, which compelled the utility to provide unredacted records requested by AfriForum.

"Eskom fulfilled the Court Order, handed down by the Supreme Court of Appeal (SCA) on 23 March 2026, 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 Promotion of Access to Information Act (PAIA)".

The utility also provided an update on an internal forensic investigation into a diesel procurement and storage contract linked to emergency power generation during the 2025 load shedding period.

Eskom added that the final report is expected in mid-June 2026 and that it will consider criminal or civil action if any misconduct is uncovered.

"The investigation reflects Eskom’s evolving controls in relation to identifying risks, transparently escalating them and enforcing accountability. The final report is expected in mid-June 2026. Eskom will pursue criminal or civil recoveries where appropriate"

The utility also said it has reinstated full probity and assurance reviews for high-value tenders to strengthen oversight of procurement. Eskom said the step reverses earlier cost-cutting measures introduced in 2022 that reduced scrutiny on major contracts.

"Eskom’s contracting environment continues to evolve through strengthened governance and controls that safeguard operational integrity and ensure compliance with national procurement frameworks.  Eskom remains committed to transparency and accountability".

mthobisi.nozulela@iol.co.za

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