Mining group BHP Billiton has confirmed that it has lodged an application for leave to appeal to the South Gauteng High Court, in Johannesburg, to challenge an earlier order that State-owned power utility Eskom release information relating to negotiated power pricing arrangements relating to the Hillside and Mozal aluminium smelters, in South Africa and Mozambique.

BHP Billiton has confirmed that it has lodged various grounds of appeal and that it is seeking to have the matter heard by the Supreme Court of Appeals.

Eskom has confirmed that it has no intention to appeal the judgement made by Judge Frans Kgomo on August 5.

Business journalist Jan de Lange and his employer Media 24 brought the application before the court in terms of South Africa’s Promotion of Access to Information Act.

The matter arose after Eskom refused to furnish De Lange with information relating to its commodity-linked sales agreement, which offered BHP Billiton favourable pricing terms. He requested the information on September 18, 2009.

Eskom refuse to release the information on the basis that the documents contained confidential commercial and financial information, the publication of which could harm both Eskom and BHP Billiton.

For its part, BHP Billiton argued that such information would place it at a disadvantage in its contractual negotiations in Mozambique and South Africa.

Kgomo set aside Eskom’s refusal to grant the information, with costs.

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