Top energy analyst hails landmark SCA ruling against Eskom secrecy

One of South Africa’s leading independent energy analysts has hailed a Supreme Court of Appeal (SCA) ruling as a decisive victory for transparency, ending Eskom’s long-standing practice of withholding the details of its multi-billion rand fuel contracts.

Commenting on the judgment delivered on 23 March 2026, Chris Yelland told Cape Chamber the SCA has sent a "clear message" to the state utility that it acts unlawfully by denying access to procurement data. Yelland, a former electrical engineer, is now a prominent commentator and managing director of EE Business Intelligence.

Yelland noted that the ruling is particularly vital given the history of "corruption and maladministration" identified within Eskom’s coal and diesel divisions. He emphasised that the legal precedent now effectively strips away the "cover of secrecy" that has historically shielded large-scale primary energy procurements from public scrutiny.

The SCA ruling follows an appeal by Eskom against a prior High Court order directing the utility to grant the civil rights organisation AfriForum access to its active coal and diesel purchase and transportation contracts. Eskom had consistently argued that these agreements contained "commercially sensitive" information that, if disclosed, would compromise its position in future negotiations and encourage supplier collusion.

However, the SCA dismissed these arguments as "contradictory and confusing," finding that Eskom failed to provide a factual basis for the alleged harm. The court observed that coal and diesel prices are frequently matters of public knowledge or are established through transparent, competitive tender processes where contract terms often become public through litigation or standard disclosure.

The judgment clarifies that as a public body, Eskom’s default statutory obligation is to provide access to records unless a specific ground for refusal is rigorously justified. 

While the case specifically targeted fuel contracts, experts suggest the implications extend across the state-owned sector, potentially impacting procurement transparency at entities like PetroSA and within the Department of Mineral and Petroleum Resources.  

“Although the ruling specifically relates to Eskom contracts, the implications go way beyond that,” Yelland told Cape Chamber. “It creates a precedent that applies right through the whole primary energy procurements in SA -- coal, liquid fuels nuclear fuel, and renewable Independent Power Producers. To my mind it sends a clear message to authorities and state-owned enterprises that they cannot withhold this (contract) information, and that the public has a right to this information.  I hope the message comes through loud and clear, and that they get the message.”

“Under the cover of secrecy, a lot of bad things have happened and not in the public interest to keep this quiet,” Yelland said.

The court dismissed Eskom’s appeal with costs, including the costs of two counsel.