Overview
- The Supreme Court of Appeal dismissed Eskom’s challenge and ordered it to give AfriForum the coal and diesel contracts, with costs, upholding a 2024 High Court ruling.
- The case, brought under South Africa’s access‑to‑information law (PAIA), turned on whether the contracts were confidential or sensitive, which the court said Eskom failed to show.
- Judges rejected claims that disclosure would spark supplier collusion or price hikes and noted Eskom’s arguments were inconsistent with open tender processes.
- On diesel, the judgment said prices are public and therefore not confidential, while coal pricing is already exposed through competitive tenders.
- Eskom said it is studying the ruling with its attorneys before deciding next steps, and AfriForum plans expert review of the contracts to test if prices and terms were market‑related and lawful, citing past procurement abuses flagged by the Zondo Commission.