Eskom Hands Over Key Contracts Following Supreme Court Ruling

The contracts released to AfriForum fall into four distinct categories covering electricity generation, fuel procurement and international power supply agreements.

Eskom has confirmed that it has complied with a recent Supreme Court of Appeal (SCA) judgment requiring the state-owned power utility to disclose a range of operational contracts to civil rights organisation AfriForum in terms of the Promotion of Access to Information Act (PAIA).

The utility announced on Monday that it had fulfilled the court order issued on 23 March 2026, which upheld an earlier Gauteng High Court ruling directing Eskom to provide access to several categories of contracts that were active as of July 2022.

The disclosure follows a lengthy legal battle between Eskom and AfriForum regarding access to information related to the utility's procurement and electricity supply arrangements. According to Eskom, the documents handed over form part of historical operational agreements that played a significant role in supporting electricity generation and supply during the period under review. The contracts released to AfriForum fall into four distinct categories covering electricity generation, fuel procurement and international power supply agreements.

Independent Power Producer Agreements

The first category includes a list of all Independent Power Producers (IPPs) that were feeding electricity into South Africa's national grid in accordance with Schedule Two of the Electricity Regulation Act of 2006. These IPPs were recognised through regulations gazetted by the Department of Mineral Resources and Energy in August 2021 and formed part of the country's efforts to diversify electricity generation sources and supplement Eskom's generation capacity. The disclosure provides insight into the range of independent producers contributing electricity to the national grid during the specified period.

Coal Purchasing and Transportation Contracts

The second category comprises copies of all active contracts concluded by Eskom and its subsidiaries for the purchasing, transportation and distribution of coal. Coal remains the backbone of South Africa's electricity generation system, with the majority of Eskom's power stations relying on coal-fired generation. The contracts provide details regarding the sourcing and movement of coal to Eskom's generating facilities and may offer greater transparency into one of the utility's largest procurement areas.

Diesel Procurement Agreements

The third category includes all active contracts related to the procurement, transportation and distribution of diesel.

Diesel plays a critical role in powering Eskom's Open Cycle Gas Turbines (OCGTs), which are frequently used during periods of electricity shortages and heightened demand to stabilise the national grid and reduce the severity of load shedding.

Given the significant costs associated with diesel procurement, these contracts have often attracted public and political scrutiny.

Electricity Supply Contracts With Neighbouring Countries

The fourth category consists of unredacted agreements between Eskom and neighbouring countries involving the supply of electricity. These agreements relate to regional power trading arrangements and electricity exports, which form part of Southern Africa's interconnected power network. The release of these contracts provides additional transparency regarding Eskom's cross-border electricity supply commitments and relationships within the region.

Supreme Court of Appeal Dismissed Eskom's Appeal

Eskom first acknowledged the court ruling in March 2026 after the Supreme Court of Appeal in Bloemfontein delivered its judgment in the matter between Eskom Holdings SOC Limited and AfriForum NPC. The appeal was heard on 20 February 2026.

At the time, Eskom stated that it was studying the judgment and considering its implications. However, the SCA ultimately dismissed Eskom's appeal with costs, effectively confirming the earlier Gauteng High Court decision that required the utility to provide AfriForum with access to specific coal, diesel and transport-related contracts.

The ruling reinforced the principles contained in the Promotion of Access to Information Act, which seeks to promote transparency and accountability within public institutions. With the latest disclosure now completed, Eskom has formally complied with the court's directive.

Separate Investigation Into Diesel Tender Continues

While the PAIA-related disclosure has now been concluded, Eskom has also provided an update on a separate investigation involving one of its diesel procurement contracts. The utility revealed that its Group Investigations and Security (GIS) division is in the final stages of a forensic investigation into diesel procurement and storage contract tender MWP2197GX. Eskom stressed that this investigation is unrelated to the disclosure of contracts ordered by the courts.

Instead, it forms part of the utility's internal governance and oversight processes aimed at identifying potential irregularities and strengthening accountability.

Investigation Triggered by Load Shedding Emergencies

According to Eskom, the investigation was launched after concerns emerged regarding contract performance during operational emergencies linked to load shedding in early 2025.

The inquiry was initiated in March 2025 following the monitoring of the contract's implementation and after information was received through established reporting channels and whistleblowing mechanisms.

The utility explained that both operational observations and information supplied by whistleblowers contributed to the decision to conduct a comprehensive forensic review.

As a result, investigators have been examining whether any irregularities occurred during the execution of the diesel procurement and storage agreement.

Eskom Highlights Strengthened Governance Measures

Eskom said the ongoing investigation reflects improvements in its internal controls and risk management systems.

The utility noted that its governance framework has evolved to better identify potential risks, escalate concerns transparently and ensure that accountability measures are enforced where wrongdoing is detected.

The investigation forms part of broader efforts by Eskom to improve oversight, strengthen procurement controls and address concerns relating to governance and operational efficiency.

In recent years, the power utility has faced increasing pressure to enhance transparency, combat corruption and improve accountability throughout its operations.

The current forensic investigation is viewed as an important test of those reforms.

Final Report Expected in June

Eskom confirmed that the forensic investigation into tender MWP2197GX is nearing completion.

The utility expects the final report to be delivered in mid-June 2026.

Once the findings are received, Eskom will assess the recommendations and determine the appropriate course of action. The power utility stated that it will pursue criminal charges or civil recovery processes where evidence supports such action. This means that individuals or entities found to have engaged in misconduct could potentially face legal consequences, disciplinary proceedings or financial recovery measures.

Commitment to Transparency and Accountability

The simultaneous disclosure of historical contracts and the completion of a major forensic investigation underscore Eskom's ongoing efforts to strengthen transparency and accountability within the organisation. The release of the contracts follows a binding court order and provides greater public insight into key procurement and electricity supply arrangements that were active in 2022.

Meanwhile, the diesel tender investigation reflects Eskom's continued focus on improving governance, identifying potential misconduct and protecting public resources. As the utility awaits the outcome of the forensic probe, stakeholders across government, business and civil society will be closely watching the findings and any subsequent actions that may arise from the investigation.