Eskom hands over unredacted legacy energy contracts after SCA order

Eskom has complied with a Supreme Court of Appeal order and released unredacted legacy energy and supply contracts covering coal, diesel, independent power producers and cross‑border electricity, after a legal challenge by AfriForum.

How the documents were released

AfriForum used the Promotion of Access to Information Act (PAIA) in June 2022 to request Eskom’s electricity supply contracts with neighbouring countries and its coal and diesel purchasing and transport contracts. Eskom initially released the cross‑border electricity contracts but withheld the coal and diesel agreements, citing commercial sensitivity.

AfriForum challenged Eskom’s refusal in the Pretoria High Court and won in 2024, with the high court finding Eskom’s reasons for refusing access insufficient. The Supreme Court of Appeal later found it was in the public interest to disclose the contracts and rejected Eskom’s commercial‑sensitivity argument, prompting Eskom to release the unredacted agreements.

Which contracts were released

The released contracts fall into four categories:

• Independent Power Producers (IPPs): a list of IPPs feeding electricity into the national grid under the Electricity Regulation Act.
• Coal contracts: active agreements for coal purchasing, transport and distribution.
• Diesel contracts: active agreements for diesel purchasing, transport and distribution.
• Cross‑border supply contracts: unredacted agreements for electricity supply to neighbouring countries.

Ongoing diesel procurement probe

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 through whistleblower reports. The probe concerns the supply of diesel to Eskom’s OCGT power stations and began in March 2025 after monitoring contract performance during operational emergencies.

The forensic probe relates to tender MWP2197GX. Eskom said the final report is due mid‑June 2026 and that potential criminal or civil action has not been ruled out. In its statement it said:

“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.”

The probe followed reporting by the amaBhungane Centre for Investigative Journalism that Eskom awarded R21 billion in diesel contracts to small, inexperienced companies, including Severino Industries, Nutinox and Lanele Resources.

Governance measures and credit rating

Eskom said it has reinstated full probity reviews on high‑value tenders after those were scaled back in 2022, describing the move as strengthening governance and controls to safeguard procurement integrity.

On Monday, credit ratings agency Moody’s affirmed Eskom’s ratings at B2 with a stable outlook and maintained the Ba2 rating on government‑guaranteed notes, while noting risks such as municipal arrears and other structural challenges.

Company response

Eskom Group Chief Executive Dan Marokane welcomed the decision and said the utility remains focused on its turnaround plan. He added:

“Earlier this month, Eskom reached the milestone of one year without loadshedding that advances the stability of the grid and energy security in South Africa, as well as market liberalisation and the integration of renewable energy.”

The released contracts and the final diesel‑probe report are likely to provide further public detail on procurement and supply arrangements underpinning South Africa’s energy system.