The Supreme Court of Appeal has dismissed an appeal by Eskom, which now upholds a High Court order that the power utility must disclose its active coal and diesel supply contracts to AfriForum.
In a judgment delivered today, the SCA confirmed that Eskom failed to justify refusing access under the Promotion of Access to Information Act. The court applied the test from the earlier Transnet ruling, emphasising that the harm from disclosure must be based on a reasonable expectation, not mere probability.
The SCA found Eskom’s claims of commercial harm and prejudice to future negotiations unconvincing. It noted that coal and diesel prices are already matters of public knowledge and that Eskom procures both through open, competitive tender processes.
Once contracts are awarded, confidentiality clauses offer no further protection for tender pricing information. Eskom’s position was described as contradictory, given that bidders have historically known existing coal prices before submitting new bids.
AfriForum’s request, first made in June 2022, sought the contracts amid broader concerns about transparency in public procurement. The appeal was dismissed with costs, including the costs of two counsel.
