Former Eskom contractor Michael Lomas slips in jail as defense ‘refuses’ bail – for now

The bail hearing of Michael Lomas, accused of corruption at Eskom, has faced another delay as the corruption case proceeds to the high court.

Lomas, wearing a white neck brace, appeared in the dock Monday at Palm Ridge Commercial Crimes Court.

His earlier bail application was adjourned to allow the State to share its case list with the defense.

The hearing was also adjourned to allow Lomas to undergo medical tests, including an MRA scan, at the Chris Hani Baragwanath Hospital.

Michael Lomas released on bail

The proceedings began late Monday when attorney Manny Witz, who represents Lomas, apologized for the delay.

Witz explained that his client received medical attention from doctors after a fall in prison.

“It was just an oversight, but unfortunately, given his age and condition, he just needed to be treated and that’s why he’s late,” he said.

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The lawyer confirmed that the defense will not be applying for bail at this time.

“We reserve our rights regarding the issue of bail, but we are not making an application at this stage,” Witz said Monday.

He asked for a delay, saying that he had just received a new indictment and had not yet had time to consider it.

“Obviously this is quite a large document, we will have time to look at it to prepare and see what needs to be done,” Witz continued.

Transfer to the Supreme Court

Witz also said the defense had no objection to the case being transferred to the Gauteng High Court in Johannesburg, where Lomas would join his co-accused.

The former Eskom contractor will be named as accused 12.

“He will remain in custody, but we reserve our rights. We are not refusing bail in any way and if we apply for bail, we will obviously inform the court and (prosecution) so that a suitable place and date for hearing the bail application can be arranged,” added Witz.

READ MORE: Eskom fugitive Lomas escaped but failed to escape

Magistrate Philip Venter approved the transfer of the case to the high court and adjourned the case.

“Mr Lomas, your case, at the request of the State, will now be transferred to the Gauteng Johannesburg Division of the High Court for summary judgment. You will be joined with other co-defendants,” the presiding officer said.

Lomas will remain in custody until his next court appearance on December 3.

Lomas was extradited to South Africa from the UK last month 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 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 fugitive Michael Lomas returned to SA

The state alleges Eskom paid Tubular Construction Projects R745 million after former Eskom chief executive Abram Masango and senior manager France Hlakudi fraudulently advocated for the company to win a contract to build air-cooled condensers in Kusile.

This resulted in additional costs for Eskom, raising the total contract value to R1.4 billion.

Lomas was charged by Masango and Hlakudi, as well as Tubular Construction Projects owner Antonio Jose Trindade and Babinatlou Business Services owner Maphoko Hudson Kgomoeswane.