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The bail hearing of Eskom graft-accused Michael Lomas faced another delay as the corruption case was transferred to the high court.
Lomas, donning a white neck brace, appeared in the dock at Palm Ridge Specialised Commercial Crimes Court on Monday.
Previously, his bail application was postponed to allow the state to share the case docket with the defence.
The hearing was also delayed so Lomas could undergo medical tests, including MRA scans, at Chris Hani Baragwanath Hospital.
Proceedings began late on Monday, with Advocate Mannie Witz, representing Lomas, apologising for the delay.
Witz explained that his client had received medical attention from doctors after a fall in prison.
“It was just a slip, but unfortunately in view of his age and his condition, they just needed to treat him and that’s why he is late,” he said.
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The lawyer confirmed that, for the time being, the defence would not be pursuing a bail application.
“We reserve our rights in regards to the question of bail, but we are not applying at this stage,” Witz said on Monday.
He requested a postponement, stating that he had only just received a new indictment and had not yet had time to review it.
“Obviously it’s quite a large document, we will have time to go through [it] to prepare and see what needs to be done,” Witz continued.
Witz also stated that the defence had no objection to transferring the case to the Gauteng High Court in Johannesburg, where Lomas would join his co-accused.
The former Eskom contractor will appear as accused 12.
“He will stay in custody, but we are reserving our rights. We are not abandoning bail by any means and if we bring a bail application, we will obviously inform the court and [the prosecution] so that arrangements can be made for a suitable place and date to hear the bail application,” Witz added.
READ MORE: Eskom fugitive Lomas ran but he couldn’t hide
Magistrate Philip Venter approved the transfer to the high court and adjourned the case.
“Mr Lomas, your case at the request of the state is now going to be transferred to the Gauteng Johannesburg High Court division for summary trial. You will be joined with other co-accused persons,” the presiding officer said.
Lomas will remain in custody until his next court appearance on 3 December.
Last month, Lomas was extradited to South Africa from the United Kingdom (UK) in connection with the upgrade of Eskom’s Kusile Power Station in Mpumalanga between 2014 and 2017.
He was arrested by British police in April 2021 at the request of the South African authorities and was subsequently granted bail of £100 000 (R1.7 million at the time).
Lomas has since been charged with 65 counts of corruption and fraud.
READ MORE: Alleged Eskom fraud fugitive Michael Lomas brought back to SA
The state alleges that Eskom paid R745 million to Tubular Construction Projects after former Eskom executive Abram Masango and senior manager France Hlakudi fraudulently advocated for the company to receive a contract to build air-cooled condensers at Kusile.
This led to additional costs for Eskom, escalating the contract’s total to R1.4 billion.
Lomas was indicted with Masango and Hlakudi as well as the owner of Tubular Construction Projects, Antonio José Trindade, and the owner of Babinatlou Business Services, Maphoko Hudson Kgomoeswana.
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