Eskom Holdings SOC Limited and Another v AfriForum NPC

AfriForum NPC requested access, under the Promotion of Access to Information Act 2 of 2000 (PAIA), to Eskom’s active coal and diesel procurement contracts and related transport contracts, as well as contracts for the supply of electricity to neighbouring countries. The request arose in the context of severe national loadshedding and allegations of corruption and maladministration at Eskom. Eskom partially complied but refused access to the coal and diesel contracts, relying on sections 42(3)(b) and (c), alternatively sections 36(1)(b) and (c), of PAIA, claiming that disclosure would harm its commercial and financial interests and those of third-party suppliers. AfriForum lodged an internal appeal, which was deemed dismissed due to Eskom’s failure to respond, and then approached the Gauteng Division of the High Court. The High Court ordered Eskom to disclose the information. Eskom appealed to the Supreme Court of Appeal with leave.

The appeal was dismissed with costs, including the costs of two counsel. The High Court’s order directing Eskom to grant AfriForum access to the requested coal and diesel contracts was upheld.

This judgment reinforces the constitutional right of access to information and clarifies the evidentiary burden on public bodies seeking to refuse disclosure under PAIA. It affirms that speculative or generic claims of commercial harm are insufficient, especially where procurement occurs through transparent tender processes. The case strengthens accountability and transparency obligations of state-owned entities such as Eskom and confirms that disclosure is the default position under PAIA.