The BEE Commission on Wednesday said Eskom failed to comply with the Broad-Based Black Economic Empowerment (BBBEE) Act in 2014 when it awarded the tender for Duvha Power Station to a Chinese-owned entity that did not meet black empowerment requirements. As a result, the Commission has recommended to Eskom to cancel the contract within 90 days and to conduct an independent audit of all its contracts above R1-billion from 2014 to check compliance with BBBEE requirements.