High Court orders Eskom to disclose export contracts

In the financial year of 31 March 2023, Eskom used almost R155 billion on primary energy.

Eskom using billions of rands on primary energy

Eskom used almost up to R155 billion on primary energy in the last financial year.

The high court had ordered Eskom to disclose who their contractors for coal, diesel and electricity are, but Eskom stated that they cannot disclose some of their contracts as they are commercially sensitive and should remain confidential.

According to The Citizen, the high court in Pretoria rejected Eskom’s argument and ordered the utility to disclose within ten days.

  • Copies of all active contracts that Eskom or any of its subsidiaries has concluded for the purchase, transportation, and distribution of coal;
  • Copies of all active contracts Eskom or any of its subsidiaries has concluded for the purchase, transportation, and distribution of diesel; and
  • Copies (unredacted) of all active contracts Eskom or one of its subsidiaries entered into with neighbouring countries to provide them with electricity. 

As reported by the Citizen, the high court decision came after the Afriforum petitioned that the court should review Eskom’s deputy information officer Moleka Tshabalala in September 2022.

They had requested access to information under the Promotion of Access to Information Act, which Tshabalala had largely denied.

AfriForum on Eskom

After the high court ordered Eskom to disclose their information on their existing coal, diesel, and electricity suppliers, civil rights organisation AfriForum stated that it will be appointing a team of legal and industry experts to scrutinise these contracts.

According to a media statement released by AfriForum it took to the high court in Pretoria in a bid force for Eskom to  disclose information regarding the electricity giant’s existing coal and diesel contracts. 

AfriForum stated that Eskom, as one of the country’s largest and most important state-owned enterprises, has a legal obligation to operate transparently and responsibly.

AfriForum also requests comprehensive details about Eskom’s contracts with neighbouring countries regarding the sale of electricity to the countries concerned.

AfriForum said transparency is essential to retain the public’s trust and to prevent corruption and mismanagement. 


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