AfriForum ready to fight Eskom appeal on diesel and coal contracts

AfriForum is ready to face the power giant Eskom in court again regarding the civil rights organisation’s application to obtain information about Eskom’s existing coal and diesel contracts. This follows after the High Court in Johannesburg yesterday (13 August) granted Eskom’s application for leave to appeal in this case.

In March this year, the court ruled in AfriForum’s favour and determined that Eskom had to provide AfriForum with information regarding its contracts within ten days from the date of the court order, after the judge found that Eskom’s reasons for refusing the relevant information, was without merit.

However, yesterday Judge Leonie Windell granted Eskom’s application for leave to appeal. In her judgment she states that, based on the facts of the case, she is not convinced that another court would come to a different conclusion. Windell emphasised that the relative complexity of matters in the case as well as the importance of the case to the public warrants a hearing by the Supreme Court of Appeal (SCA).

Eskom now has one month to file a notice of appeal with the SCA, after which the power giant has three months to file the record. The case will then be referred to the SCA.

According to Charné Mostert, Campaign Officer on Corruption at AfriForum, it is worrying that Eskom is now raising technical defences in its frantic efforts to avoid transparency and accountability. “As a state enterprise, Eskom cannot decide for itself what information can be withheld. State enterprises must operate openly and responsibly. The public has the right to access information that affects their interests as well as the functioning of government agencies. There are no grey areas. Eskom can no longer keep these contracts secret,” explains Mostert.

Background information

The contracts case follows an application in terms of the Promotion of Access to Information Act (PAIA) that AfriForum made to Eskom in July 2022. AfriForum suspects that Eskom’s coal and diesel contracts contain information that may reveal irregularities and corruption at the power utility.