AfriForum Continues Legal Battle with Eskom Over Contracts Transparency

The ongoing legal struggle for transparency within Eskom has taken a new turn as AfriForum gears up to continue its fight against the power utility following the Johannesburg High Court's latest decision. On August 13, Judge Leonie Windell granted Eskom leave to appeal an earlier court order requiring the company to provide AfriForum with details about its coal and diesel contracts.

This battle began when AfriForum, leveraging the Promotion of Access to Information Act (PAIA), requested the said information from Eskom in July 2022, suspecting the contracts might uncover potential irregularities and mismanagement. Earlier this year, in March, the court had ruled in favor of AfriForum's right to access the information, urging Eskom to comply within ten days. However, Eskom has since challenged this ruling.

With the latest decision by Judge Windell to allow the appeal, based on the complexity and public significance of the case, AfriForum prepares to stand its ground. The civil rights organization claims Eskom's tenacity in keeping these contracts confidential raises concerns over the utility's commitment to transparency and accountability.

Charné Mostert, AfriForum’s Campaign Officer on Corruption, has vocalized worries over Eskom's "technical defences," interpreting these as tactics to shroud its operations in secrecy. Mostert is adamant that as a public enterprise, Eskom has an obligation to operate transparently and it is incumbent upon them to provide information that the public and government agencies have legitimate interest in.

Now, Eskom has a one-month window to file a notice of appeal with the Supreme Court of Appeal (SCA) and an additional three months thereafter to submit the record for the case to be reviewed.

The upcoming appeal will no doubt be scrutinized by stakeholders, as it touches on the integral matter of state enterprises adhering to the principles of openness and responsible governance. Eskom's resistant stance on withholding information has only fueled public interest in the outcome. The legal framework and the following proceedings will determine to what extent Eskom's operations and contract dealings are subject to public scrutiny, a factor that deeply resonates with principles of good governance and anti-corruption efforts in South Africa.