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AfriBusiness brought an application in terms of the Promotion of Access to Information Act, Act number 2 of 2000, requesting Eskom to provide information on the highly controversial R2 billion fine imposed upon Tegeta’s Optimum coal mine. Eskom today informed the business rights watchdog that it will not release this information.

The Optimum coal mine was purchased by Tegeta Exploration & Resources (partly owned by the controversial Gupta-family), where after an undisclosed settlement amount was paid by Tegeta to Eskom.

AfriBusiness requested the following information from Eskom:

• Receipt of payment from Tegeta Exploration & Resources made to Eskom regarding the R2 billion fine;
• A copy of the fine imposed upon the Optimum coal mine (originally issued to Glencore, the previous owner of the mine);
• The arbitration agreement and/or reward made by the arbitrator between Eskom and Optimum.

“AfriBusiness granted an extension to Eskom whereby they had 60 days to provide the said information, but failed to do so. It is unacceptable that state owned companies are currently being run in such a manner. If Eskom has nothing to hide why would they not release proof of the fine levied on Optimum,” says Charles Castle, Manager of the Labour Law Advice Unit at AfriBusiness.

AfriBusiness will consult with its legal team to determine the way forward. A public entity, especially the power utility who holds the monopoly on supplying electricity in South Africa, should do its business with transparency and with sound business principles in mind. In the event of any irregularities the parties involved should be held accountable.

The public can support AfriBusiness’s efforts by sending an SMS with the word “ESKOM” to 42310.

Issued by AfriBusiness