Melbourne, Australia — ESI-AFRICA.COM — 08 August 2011 – BHP Billiton (Billiton) has indicated it would apply for leave to appeal against the judgment handed down by the South Gauteng High Court on Friday, whereby it and power utility Eskom were ordered to disclose the power pricing agreement for BHP’s Mozal and Hillside aluminium smelters.
BHP spokesperson Ruban Yogarajah said the group was still studying the judgment, but Eskom’s legal representatives told business daily Sake24 (the applicant) that it could not provide the paper with the requested information, due to Billiton’s intention to appeal the judgment.
“We have been informed by the attorneys acting for the second (Billiton) and third (Hillside) respondents that their clients intend to apply for leave to appeal against the judgment handed down this morning,” read a letter from Eskom’s legal representatives Bowman Gilfillan.
“Accordingly, our client will provide your client with copies of the relevant records if application for leave to appeal is not made within the prescribed period, or should leave to appeal not be granted.”
Eskom, which was the first respondent, had said earlier that it would not appeal. Sake24 first requested the information about two years ago in terms of the Promotion of Access to Information Act, citing public interest.
Judge Kgomo concurred, ordering Eskom and Billiton to hand over the following information: the formula used to determine the price that Billiton pays for electricity for its Mozal and Hillside aluminium smelters; the duration of these contracts; and the names of the individuals who signed these contracts on behalf of Eskom and Billiton.