Monday, 1 June 2026: Today, Eskom fulfilled the Court Order, handed down by the Supreme Court of Appeal (SCA) on 23 March 2026, upholding the earlier High Court judgment, to supply Afriforum with the historical primary energy and electricity supply contracts which were active as at July 2022,and requested in terms of the Promotion of Access to Information Act (PAIA).
These contracts fall into four distinct categories of legacy operational contracts:
- Independent Power Provider (IPP) list: A list of all IPPs that, in terms of schedule two of the Electricity Regulation Act of 2006, as gazetted by the Department of Mineral Resources and Energy in August 2021, were feeding electricity into the national grid;
- Active Coal Distribution, Transport and Coal Purchasing Contracts: Copies of all active contracts that Eskom or any of its subsidiaries had concluded for the purchasing, transportation and distribution of coal;
- Active Diesel Purchasing Contracts: Copies of all active contracts that Eskom or any of its subsidiaries had concluded for the purchasing, transportation and distribution of diesel; and
- Supply of Electricity to Neighbouring Country Contracts: Copies of all unredacted contracts that Eskom or any one of its subsidiaries had with neighbouring countries of South Africa for the supply of electricity.
Update: Investigation into diesel procurement and storage contract tender MWP2197GX
Separate from this PAIA disclosure, Eskom’s Group Investigations and Security (GIS) function is finalising a forensic investigation into the diesel procurement and storage contract under tender MWP2197GX. The investigation examines possible irregularities and was initiated by Eskom following the monitoring of contract performance during operational emergencies involving loadshedding in 2025, as well as information received through established reporting and whistleblowing mechanisms
The investigation reflects Eskom’s evolving controls in relation to identifying risks, transparently escalating them and enforcing accountability. The final report is expected in mid-June 2026. Eskom will pursue criminal or civil recoveries where appropriate. The latest news release on the investigation can be found here: Eskom outlines first key actions arising from interim investigation report into diesel procurement and storage contract; possibility of criminal charges not ruled out – Eskom.
Controls strengthened – Full scope proactive assurance and probity reviews re-introduced
In October 2022, the central panel used to perform proactive assurance and full probity reviews on procurement transactions exceeding R500 million was discontinued on the grounds of cost-effectiveness and not having identified significant findings in high-value tenders reviewed over a period of time. Since then, only limited scope reviews were being undertaken by appointed audit firms, leaving the business vulnerable to potential procurement irregularities. Limited scope reviews typically only included anti-bribery, fraud and anti-money laundering checks.
From late 2025, proactive assurance and full scope probity reviews have since been reinstated, retrospectively on some transactions from last year and, going forward, on all high-value tenders, making it procedurally difficult to recommend bidders who fail mandatory requirements
Eskom’s contracting environment continues to evolve through strengthened governance and controls that safeguard operational integrity and ensure compliance with national procurement frameworks. Eskom remains committed to transparency and accountability.
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Thuli Madonsela – Former Public Protector, Current Professor of Law, holding a chair in social justice at Stellenbosch University since January 2018. \”Thuli Madonsela is very centred. Her leadership style is non-reactive and very clearly on point. She signals her intention and she holds her presence. This gives her enormous integrity and adds credibility and moral authority to her professional presence,\” says Liz de Wet, course convenor of the Women in Leadership programme at the UCT Graduate School of Business. Thuli Madonsela\’s greatest influence on the business industry is being a voice of integrity and reminding business leaders of the importance of ethical governance and business practises. \”Business is in a position of power and privilege, and business has a voice‚ in the same way that when you become an advocate‚ you have a voice. It also means that you have an obligation to leverage your influence for good‚\” said Madonsela. In 2014, she made Time Magazine\’s list of the 100 most influential people in the world. In 2016, she was named Forbes Africa Person of the Year. In 2017, she won the 3rd Commonwealth Law Conference Rule of Law Award.