Eskom and Its Regulators Must Account

Statement by Kevin Mileham MP – DA Spokesperson on Electricity and Energy:

The Supreme Court of Appeal’s judgment on pollution from Kusile Power Station is a damning indictment of both Eskom and the regulators that were supposed to keep it in check.

For years, pollution limits were breached, corrective action was inadequate, and enforcement was weak. This happened at one of the most expensive infrastructure projects in South African history, funded ultimately on the back of the taxpayer.

The judgment now raises another serious question: what did Eskom tell the institutions that financed Kusile?

Eskom’s own financial statements show that environmental performance at Kusile has previously had implications for its loan agreements. During the temporary-stack arrangements, Eskom engaged three affected lenders to avoid a potential breach of loan conditions, while two lenders required an independent environmental and social review.

That cannot simply be brushed aside.

Parliament now needs to know whether the pollution failures identified by the SCA triggered, or could have triggered, any conditions in Kusile’s financing agreements; whether lenders were informed; whether waivers or remedial undertakings were required; and whether National Treasury was advised of any resulting financial exposure.

The Court has already set the clock running. Eskom must file a sworn corrective action plan within 30 days and report on implementation within 60 days. The responsible Directors-General have 75 days to explain what enforcement action will follow.

The DA will therefore request an urgent joint oversight hearing involving the Portfolio Committees on Electricity and Energy, Water and Sanitation, and Forestry, Fisheries and the Environment.

We want Eskom’s Board and executive management, together with the responsible Directors-General, before Parliament. They must table the corrective action plan, the pollution monitoring data, the enforcement record, and the relevant environmental and social conditions attached to Kusile’s financing.

We will also demand disclosure of any lender notifications, waivers, corrective-action requirements and independent environmental reviews linked to Kusile.

The public has already paid far too much for Kusile in cost overruns, delays and poor performance. Parliament must now establish whether environmental failures created further financial risk, and who knew about it.

Eskom is required to generate electricity, comply with the law and meet the conditions attached to the money it borrows. The regulators are required to enforce those rules. On the SCA’s findings, both sides have serious questions to answer.

Eskom and the responsible departments must now be held to the deadlines imposed by the Court, and Parliament should see to it that they are