Eskom in court bid to block Tasa threat

Tension is brewing again between Eskom and Truckers Association of South Africa
(Tasa), with the power utility this week forced to apply for a court interdict to prevent the
association from disrupting operations at the Majuba power station in Mpumalanga.

Tasa is demanding that the cash-strapped Eskom allocate more contracts to black transporters to deliver coal at its power stations and amend the rate they pay transporters.

In a letter to Eskom CEO André de Ruyter dated May 6, Tasa president Mary Phadi accuses Eskom of excluding black companies in the awarding of coal transportation contracts. Tasa said the two-year contracts were supposed to have been five-year contracts.


“Since the coming into effect of these contracts, our observation on the ground has indicated that the majority of black transporters are allocated short-distance routes, whilst Majuba and other long-distance power stations are reserved for SG Coal, Legend Logistics and their affiliates,” Phadi wrote in the letter, which Sunday World has seen.

The letter explains further: “[On] many occasions when we visit this power station, there is virtually not a single black transporter on the queue, only lily white-owned companies … it is for this reason that we feel that there are preferred allocations. Often black-owned companies are left out.”

De Ruyter responded to Tasa’s letter on June 11 2020. “Eskom did go out on an open market enquiry on 20 June 2018 for coal transportation services for a period of five years. At the time of contract award in November 2019, it was decided to limit Eskom’s financial
exposure to just two years given Eskom’s weakening financial position,” De Ruyter wrote.

“Route allocation is based on principles of fairness, transparency and equity, and the Eskom team is obliged to report on equitable distribution of task orders to be reviewed by senior management … your assertion that preference is given to delivered-at-terminal transporters is not correct.”

Tasa went on to threaten that it would disrupt coal supply at Majuba should Eskom not
accede to its demands.

Eskom then requested Tasa to provide a written undertaking that it will not follow through on its threats, failure of which it will approach the courts to grant it an interdict.


Karen Pillay, acting GM for security at Eskom, in an affidavit, asked the court to interdict Tasa from following through on its threats.

“We therefore submit that a proper case has been made for Eskom’s reasonable apprehension or irreparable harm ensuing should Tasa be allowed to execute its expressed intention to take control of queuing activities at Majuba and other Eskom power stations in the Mpumalanga province,” Pillay’s affidavit reads.

Phadi promised to respond to questions but had not done so at the time of going to print.

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