A landmark ruling by the Supreme Court of Appeal has ordered Eskom to disclose its coal and diesel supply contracts, marking a significant shift toward transparency in South Africa’s troubled electricity sector.
The judgment, delivered on 23 March 2026, dismissed Eskom’s appeal against an earlier High Court ruling that compelled the utility to make its fuel procurement agreements public. For years, these contracts worth billions were shielded from public scrutiny under claims of commercial sensitivity.
Eskom, which generates roughly 90% of the country’s electricity primarily through coal, spends an estimated R70 billion annually on coal and transportation alone. Despite the scale of this expenditure, the details of its agreements with suppliers have remained hidden until now.
The court ruled that Eskom failed to provide sufficient evidence that releasing the contracts would harm its commercial interests. Judges emphasised that coal and diesel prices are already widely known and that procurement takes place through open tender processes, weakening the argument for secrecy.
The case was initially brought by AfriForum, but its implications extend far beyond the organisation. The ruling reinforces the principle that public institutions must be transparent, especially when managing taxpayer funds.
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South Africa’s access to information laws grant citizens the right to request records held by the state. Over the past two decades, the government has guaranteed approximately R350 billion of Eskom’s debt and taken over R230 billion, placing a significant financial burden on the public. In this context, the court made it clear that secrecy is difficult to justify.
The decision comes amid ongoing concerns about governance, rising electricity costs, and persistent load shedding. Eskom has long faced allegations of corruption and mismanagement, contributing to declining public trust in the utility.
Importantly, the ruling strengthens the idea that transparency is central to solving the country’s electricity crisis. Without access to key documents, citizens cannot fully assess whether decisions around pricing, procurement, and supply are fair or lawful.
The judgment also builds on earlier legal challenges involving the National Energy Regulator of South Africa, where courts found that electricity tariff-setting processes lacked transparency and limited public participation.
While the court acknowledged that some information may still be legitimately withheld, it stressed that blanket claims of ‘commercial sensitivity‘ are no longer sufficient. Public entities must provide clear, evidence-based reasons for secrecy.
As more South Africans turn to alternative energy sources like solar power due to ongoing supply issues, the majority still depend on Eskom and municipal distribution systems. This makes transparency within the national grid even more critical.
Ultimately, the ruling is not just about contract disclosure it is about accountability in a constitutional democracy. With electricity closely tied to basic rights such as housing, healthcare, and economic participation, the court has reaffirmed the public’s right to know how essential services are managed.
The decision signals a new era where openness is the default, not the exception, in South Africa’s energy sector.
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Picture: Jason Gooljar / Unspalsh
