AfriForum gathers experts to analyse Eskom contracts

After obtaining a court order compelling Eskom to disclose information about its existing coal and diesel contracts, civil rights organisation AfriForum says it is appointing a team of legal and industry experts to scrutinise these contracts.

The high court in Pretoria handed down the order on Friday. This was after Eskom refused to disclose the information to AfriForum in response to its application in terms of the Promotion of Access to Information Act (Paia) that was submitted in July 2022.

AfriForum said it suspected the information contained in these contracts could reveal possible irregularities and corruption. “If any irregularities are found in the contracts, AfriForum will campaign for strict action against the state-owned power utility,” it said.

Eskom has until April 5 to deliver the information to AfriForum.

Louis Boshoff, campaign officer at AfriForum, described the court victory as a crucial step towards accountability and transparency in the energy sector. SA “deserves a power utility that operates with integrity, not one embroiled in corruption and mismanagement”.

Judge Leonie Windell said in the judgment that according to Eskom its coal and diesel contracts were commercially sensitive and that disclosing such information “would put Eskom at a competitive disadvantage in the marketplace, allow suppliers to supply coal to Eskom at exorbitant prices, and expose the information to manipulation by coal suppliers and transporters”.

However, the court found Eskom provided no evidence regarding the potential injury to Eskom or third parties. “Eskom has failed to demonstrate that it has reasonable grounds for refusing access to coal and diesel supply and transportation contracts,” Windell said.

“AfriForum and the general public have an interest in accessing all of these contracts to view the terms, purchase price and periods of the contracts, as well as determining whether the agreed upon prices differ from the average published pricing data to determine whether Eskom is paying market-related prices or inflated prices.”

Eskom will also have to produce all contracts it has concluded with neighbouring countries.