Diesel

The Supreme Court of Appeal has delivered a clear and final ruling: Eskom must disclose all active contracts for the purchase, transport and distribution of coal and diesel to civil-rights group AfriForum. The judgment, handed down on 23 March 2026, dismisses Eskom’s appeal with costs and upholds the Gauteng High Court’s 2024 order under the Promotion of Access to Information Act.
Eskom, which spends more than R70 billion annually on coal alone, had argued that the contracts contain commercially sensitive information. The court rejected that position outright. Judge Elizabeth Baartman stated that these agreements are concluded in the public interest and that the public has a right to see them.
AfriForum is now assembling a specialist team to examine the documents in detail. The scrutiny will focus on whether prices and terms are market-related and whether procurement processes were conducted lawfully.
Eskom has confirmed it is studying the judgment and will take legal advice before proceeding. While a further appeal to the Constitutional Court remains possible, the SCA decision stands as the current position and sets a strong precedent for transparency across state-owned enterprises.
In my view, this outcome is both necessary and overdue. For too long Eskom’s procurement practices have operated with insufficient external oversight, despite their direct impact on electricity tariffs, coal-market pricing and national finances. Greater visibility into these multibillion-rand contracts will strengthen accountability, deter irregularities and ultimately benefit legitimate suppliers, traders and the South African economy. The ruling is a blunt reminder that public money demands public scrutiny.