ID given the go-ahead to extradite Eskom contractor Michael Lomas

Former UK-based Eskom contractor Michael Lomas will be extradited to South Africa to stand trial for millions in fraud and corruption linked to the Kusile power station.

Lomas is the former board chairperson of Tubular Construction Projects (TCP), a company that was contracted to Eskom’s Kusile project in Mpumalanga, and is accused of paying R745 million in bribes between 2015 and 2017.

It is alleged the bribes were paid to influence the termination of the state-owned enterprise’s contract with manufacturing company Alstom, in favour of TCP.

ALSO READ: Eskom contractor Michael Lomas’ extradition trial adjourned due to medical reasons

Two-year fight

The National Prosecuting Authority’s (NPA) Investigating Directorate (ID) fought for two years to get Lomas to stand trial in South Africa.

The Westminster Magistrate’s Court in London issued judgement on Thursday that Lomas’ extradition is to be sent to the UK Secretary of State under UN Convention against Corruption 2003, section 87(3).

“The legal process has been lengthy, and we are pleased with the judgment”, ID director Advocate Andrea Johnson said.

Lomas was arrested in London on 15 April last year, and was granted bail of £100 000 (R1.7 million), with an additional surety of £250,000 (about R4.3 million).

In December last year, the Westminster Magistrate’s Court in London adjourned the extradition trial of Ex-Tubular holdings advisor Michael Lomas from 3 to 5 May 2022 due to a new medical reason.

His legal team brought a submission before the court that the medical condition had a bearing on his mental health.

ID spokesperson Sindisiwe Seboka said earlier this year that Lomas was out of the country when his co-accused were arrested, and he had never cooperated with law enforcement to stand trial.

He has seven days to apply for an appeal. If he does not appeal, the extradition stands.

ALSO READ: Businessman in UK court for Eskom extradition hearing

Court date set

His co-accused, former Eskom executives Abram Masango and France Hlakudi, businessman Maphoko Kgomoeswana and Tubular Construction CEO Antonio Trindade, were arrested in December 2019.

Their charge sheets include fraud, corruption, money laundering, offering unauthorised gratuities and receiving unauthorised gratuities in connection with the multibillion-rand Kusile power plant.

Lomas’ arrested exposed Eskom to a further R1.4 billion in contract costs.

Lomas checked in to the Gosport Memorial Hospital in the UK in October, and received treatment for depression and insomnia.

After he was discharged, medical notes revealed he had “suicidal thoughts” at the time of his admission.

Although not in good health, District Judge Daniel Sternberg concluded Lomas “would be able to receive the appropriate assessment and treatment for his condition of mental health in Souht Africa.”

He and his co-accused are expected in the Palm Ridge Specialised Crimes Court on 5 April 2023.

Compiled by Nica Richards. Additional reporting by Thapelo Lekabe.

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