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"title": "Extradited and sickly former Eskom contractor Michael Lomas to remain behind bars for now",
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"description": "Daily Maverick is an independent online news publication and weekly print newspaper in South Africa.\r\n\r\nIt is known for breaking some of the defining stories of South Africa in the past decade, including the Marikana Massacre, in which the South African Police Service killed 34 miners in August 2012.\r\n\r\nIt also investigated the Gupta Leaks, which won the 2019 Global Shining Light Award.\r\n\r\nThat investigation was credited with exposing the Indian-born Gupta family and former President Jacob Zuma for their role in the systemic political corruption referred to as state capture.\r\n\r\nIn 2018, co-founder and editor-in-chief Branislav ‘Branko’ Brkic was awarded the country’s prestigious Nat Nakasa Award, recognised for initiating the investigative collaboration after receiving the hard drive that included the email tranche.\r\n\r\nIn 2021, co-founder and CEO Styli Charalambous also received the award.\r\n\r\nDaily Maverick covers the latest political and news developments in South Africa with breaking news updates, analysis, opinions and more.",
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"contents": "Former Eskom contractor and British fugitive Michael Lomas, who was recently extradited to South Africa, did not apply for bail as expected on Friday.\r\n\r\nHis legal team first want to review more than seven files relating to the contents of the docket and get proper instructions from their extradited client.\r\n\r\n<span style=\"font-weight: 400;\">Lomas is charged with 65 counts of corruption in relation to R1.4-billion meant for the upgrade of Eskom’s Kusile power station in Mpumalanga between 2014 and 2017. He appeared briefly in Palmridge Magistrates’ Court on Friday.</span>\r\n\r\n<span style=\"font-weight: 400;\">Lomas entered the court using a walker and wearing a white neck brace. The case was set down to hear Lomas’s bail application. However, Lomas’s counsel, advocate Mannie Witz, informed the court that they were not filing a bail application at this time.</span>\r\n\r\n<span style=\"font-weight: 400;\">He explained that the team had been given specific documentation and will download about seven lever-arch files and documents from the docket in the coming days.</span>\r\n\r\n<span style=\"font-weight: 400;\">“It is more than a terabyte of files. Once we have studied the content of the case docket, we will consult with our client and take proper instructions,” Witz said.</span>\r\n\r\n<span style=\"font-weight: 400;\">Witz further stated that the name of the correctional service centre where Lomas is being held will not be disclosed. According to Witz, Lomas said the State, including members of Correctional Services, had been very accommodating and had provided him with his own cell.</span>\r\n\r\n<span style=\"font-weight: 400;\">Witz provided a moment of humour in court when he said Lomas had told him there was no hot water in the showers on Friday. He informed Lomas there was nothing wrong with a cold shower, at this time of the year with the warm weather.</span>\r\n\r\n<span style=\"font-weight: 400;\">This is Lomas’s second appearance since he was extradited to South Africa on 20 September. He made his first appearance in the Kempton Park Magistrates’ Court on the same day.</span>\r\n\r\n<b>Read more in Daily Maverick:</b> <a href=\"https://www.dailymaverick.co.za/article/2024-09-20-exradited-eskom-contractor-michael-lomas-makes-first-court-appearance-on-fraud-charges/\"><span style=\"font-weight: 400;\">Extradited Eskom contractor Michael Lomas makes first court appearance on fraud charges</span></a>\r\n\r\n<span style=\"font-weight: 400;\">Lomas was </span><a href=\"https://www.npa.gov.za/media/united-kingdom-court-grants-npas-id-right-extradite-fugitive-r745-million-eskom-case\"><span style=\"font-weight: 400;\">arrested on 15 April 2021</span></a><span style=\"font-weight: 400;\"> in Emsworth, London, and granted bail of £100,000 (R1.7-million in April 2021). He submitted an additional surety of £250,000. On 15 December 2022, the Westminster Magistrates’ Court in London granted South Africa the right to </span><a href=\"https://www.npa.gov.za/media/united-kingdom-court-grants-npas-id-right-extradite-fugitive-r745-million-eskom-case\"><span style=\"font-weight: 400;\">extradite Lomas</span></a><span style=\"font-weight: 400;\">.</span>\r\n\r\n<span style=\"font-weight: 400;\">The initial </span><a href=\"https://www.dailymaverick.co.za/article/2020-10-27-former-eskom-bosses-in-the-dock-for-kusile-r30m-kickback-deal/\"><span style=\"font-weight: 400;\">indictment alleges</span></a><span style=\"font-weight: 400;\"> that </span><span style=\"font-weight: 400;\">former Eskom executive Abram Masango </span><span style=\"font-weight: 400;\">and senior manager France Hlakudi fraudulently pushed for Tubular Construction Projects to be awarded a contract to build air-cooled condensers at Kusile. Masango and Hlakudi had oversight of contracts in the Kusile build.</span>\r\n\r\n<p><img loading=\"lazy\" class=\"size-full wp-image-2009893\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2024/01/GettyImages-1252663744.jpg\" alt=\"\" width=\"7012\" height=\"3194\" /> The Eskom Holdings SOC Ltd. Kusile coal-fired power station in Mpumalanga, South Africa, on Friday, May 5, 2023. Photographer: Waldo Swiegers/Bloomberg via Getty Images</p>\r\n\r\n<span style=\"font-weight: 400;\">Former Tubular Construction Projects director </span><span style=\"font-weight: 400;\">Tony </span><span style=\"font-weight: 400;\">Trindade and Lomas, then the company’s executive adviser, are alleged to have paid Masango and Hlakudi through various channels, including businessman </span><span style=\"font-weight: 400;\">Maphoko </span><span style=\"font-weight: 400;\">Kgomoeswana’s Babinatlou Business Services. According to the indictment, Lomas allegedly paid more than R1.9-million towards Hlakudi’s businesses’ accounts.</span>\r\n\r\n<span style=\"font-weight: 400;\">According to Henry Mamothame, spokesperson for the Investigating Directorate Against Corruption (Idac), Lomas is facing 65 counts of corruption related to the R1.4-billion meant for the upgrade of the Kusile power station between 2014 and 2017.</span>\r\n\r\n<span style=\"font-weight: 400;\">Mamothame elaborated on the charges that Lomas is facing, saying that once Lomas’s proceedings in the lower court are completed, his name will be added to 11 others appearing before the Johannesburg Division of the High Court. </span>\r\n<h4><b>Medical treatment inside prison</b></h4>\r\n<span style=\"font-weight: 400;\">Witz told the court that Lomas, who is frail, has been assigned his own cell, as well as a nurse who provides his medication and arranges for his hospital visits.</span>\r\n\r\n<span style=\"font-weight: 400;\">“Lomas appears to have some medical problems. Correctional Services transported him to the Baragwanath Hospital, where he was examined by a neurosurgeon and scheduled for an MRA scan. Lomas has stated that Correctional officials are treating him very well,’ Witz told the court</span>\r\n\r\n<span style=\"font-weight: 400;\">“We are not medical experts; the hospital will tell the prison authorities what needs to be done. Lomas, he says he is fine at the hospital section at the prison facility,” Witz said.</span>\r\n\r\n<span style=\"font-weight: 400;\">Witz also said that the nurse at the prison where Lomas is being held has been administering his daily medication and assisting him with MR scans and other medical procedures.</span>\r\n\r\n<span style=\"font-weight: 400;\">Lomas’s medical condition was a point of contention in his extradition application. But London judge Charles Bourne ruled in August 2024 that there are adequate measures in place in South Africa to provide Lomas, who has suicidal tendencies, with mental health treatment, including hospitalisation if necessary.</span>\r\n\r\n<span style=\"font-weight: 400;\">According to Bourne, Lomas suffers from depression, anxiety, and insomnia, and has previously sought treatment for these symptoms, as well as suicidal ideation.</span>\r\n\r\n<span style=\"font-weight: 400;\">The judge also found: “There was no compelling evidence that Mr Lomas would be unable to control his suicidal impulses, as suicide could be viewed as a voluntary act despite the underlying mental health issues.</span>\r\n\r\n<span style=\"font-weight: 400;\">“The South African prison system was deemed capable of addressing Mr Lomas’s mental needs with appropriate medical care and monitoring in place.”</span>\r\n\r\n<b>Read more in Daily Maverick</b><span style=\"font-weight: 400;\">: </span><a href=\"https://www.dailymaverick.co.za/article/2024-08-27-uk-court-rules-kusile-corruption-accused-michael-lomas-can-be-extradited-to-sa-despite-high-suicide-risk/\"><span style=\"font-weight: 400;\">UK court rules Kusile corruption accused Michael Lomas can be extradited to SA, despite high suicide risk</span></a>\r\n\r\n<span style=\"font-weight: 400;\">Magistrate Phillip Venter postponed proceedings until 28 October. </span><b>DM</b>",
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"name": "The Eskom Holdings SOC Ltd. Kusile coal-fired power station in Mpumalanga, South Africa, on Friday, May 5, 2023. Debt-strapped Eskom is currently implementing daily blackouts because its dilapidated power plants are unable to supply enough electricity to meet demand and it doesn't have the money to invest in capital equipment. Photographer: Waldo Swiegers/Bloomberg via Getty Images",
"description": "Former Eskom contractor and British fugitive Michael Lomas, who was recently extradited to South Africa, did not apply for bail as expected on Friday.\r\n\r\nHis legal team first want to review more than seven files relating to the contents of the docket and get proper instructions from their extradited client.\r\n\r\n<span style=\"font-weight: 400;\">Lomas is charged with 65 counts of corruption in relation to R1.4-billion meant for the upgrade of Eskom’s Kusile power station in Mpumalanga between 2014 and 2017. He appeared briefly in Palmridge Magistrates’ Court on Friday.</span>\r\n\r\n<span style=\"font-weight: 400;\">Lomas entered the court using a walker and wearing a white neck brace. The case was set down to hear Lomas’s bail application. However, Lomas’s counsel, advocate Mannie Witz, informed the court that they were not filing a bail application at this time.</span>\r\n\r\n<span style=\"font-weight: 400;\">He explained that the team had been given specific documentation and will download about seven lever-arch files and documents from the docket in the coming days.</span>\r\n\r\n<span style=\"font-weight: 400;\">“It is more than a terabyte of files. Once we have studied the content of the case docket, we will consult with our client and take proper instructions,” Witz said.</span>\r\n\r\n<span style=\"font-weight: 400;\">Witz further stated that the name of the correctional service centre where Lomas is being held will not be disclosed. According to Witz, Lomas said the State, including members of Correctional Services, had been very accommodating and had provided him with his own cell.</span>\r\n\r\n<span style=\"font-weight: 400;\">Witz provided a moment of humour in court when he said Lomas had told him there was no hot water in the showers on Friday. He informed Lomas there was nothing wrong with a cold shower, at this time of the year with the warm weather.</span>\r\n\r\n<span style=\"font-weight: 400;\">This is Lomas’s second appearance since he was extradited to South Africa on 20 September. He made his first appearance in the Kempton Park Magistrates’ Court on the same day.</span>\r\n\r\n<b>Read more in Daily Maverick:</b> <a href=\"https://www.dailymaverick.co.za/article/2024-09-20-exradited-eskom-contractor-michael-lomas-makes-first-court-appearance-on-fraud-charges/\"><span style=\"font-weight: 400;\">Extradited Eskom contractor Michael Lomas makes first court appearance on fraud charges</span></a>\r\n\r\n<span style=\"font-weight: 400;\">Lomas was </span><a href=\"https://www.npa.gov.za/media/united-kingdom-court-grants-npas-id-right-extradite-fugitive-r745-million-eskom-case\"><span style=\"font-weight: 400;\">arrested on 15 April 2021</span></a><span style=\"font-weight: 400;\"> in Emsworth, London, and granted bail of £100,000 (R1.7-million in April 2021). He submitted an additional surety of £250,000. On 15 December 2022, the Westminster Magistrates’ Court in London granted South Africa the right to </span><a href=\"https://www.npa.gov.za/media/united-kingdom-court-grants-npas-id-right-extradite-fugitive-r745-million-eskom-case\"><span style=\"font-weight: 400;\">extradite Lomas</span></a><span style=\"font-weight: 400;\">.</span>\r\n\r\n<span style=\"font-weight: 400;\">The initial </span><a href=\"https://www.dailymaverick.co.za/article/2020-10-27-former-eskom-bosses-in-the-dock-for-kusile-r30m-kickback-deal/\"><span style=\"font-weight: 400;\">indictment alleges</span></a><span style=\"font-weight: 400;\"> that </span><span style=\"font-weight: 400;\">former Eskom executive Abram Masango </span><span style=\"font-weight: 400;\">and senior manager France Hlakudi fraudulently pushed for Tubular Construction Projects to be awarded a contract to build air-cooled condensers at Kusile. Masango and Hlakudi had oversight of contracts in the Kusile build.</span>\r\n\r\n[caption id=\"attachment_2009893\" align=\"alignnone\" width=\"7012\"]<img class=\"size-full wp-image-2009893\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2024/01/GettyImages-1252663744.jpg\" alt=\"\" width=\"7012\" height=\"3194\" /> The Eskom Holdings SOC Ltd. Kusile coal-fired power station in Mpumalanga, South Africa, on Friday, May 5, 2023. Photographer: Waldo Swiegers/Bloomberg via Getty Images[/caption]\r\n\r\n<span style=\"font-weight: 400;\">Former Tubular Construction Projects director </span><span style=\"font-weight: 400;\">Tony </span><span style=\"font-weight: 400;\">Trindade and Lomas, then the company’s executive adviser, are alleged to have paid Masango and Hlakudi through various channels, including businessman </span><span style=\"font-weight: 400;\">Maphoko </span><span style=\"font-weight: 400;\">Kgomoeswana’s Babinatlou Business Services. According to the indictment, Lomas allegedly paid more than R1.9-million towards Hlakudi’s businesses’ accounts.</span>\r\n\r\n<span style=\"font-weight: 400;\">According to Henry Mamothame, spokesperson for the Investigating Directorate Against Corruption (Idac), Lomas is facing 65 counts of corruption related to the R1.4-billion meant for the upgrade of the Kusile power station between 2014 and 2017.</span>\r\n\r\n<span style=\"font-weight: 400;\">Mamothame elaborated on the charges that Lomas is facing, saying that once Lomas’s proceedings in the lower court are completed, his name will be added to 11 others appearing before the Johannesburg Division of the High Court. </span>\r\n<h4><b>Medical treatment inside prison</b></h4>\r\n<span style=\"font-weight: 400;\">Witz told the court that Lomas, who is frail, has been assigned his own cell, as well as a nurse who provides his medication and arranges for his hospital visits.</span>\r\n\r\n<span style=\"font-weight: 400;\">“Lomas appears to have some medical problems. Correctional Services transported him to the Baragwanath Hospital, where he was examined by a neurosurgeon and scheduled for an MRA scan. Lomas has stated that Correctional officials are treating him very well,’ Witz told the court</span>\r\n\r\n<span style=\"font-weight: 400;\">“We are not medical experts; the hospital will tell the prison authorities what needs to be done. Lomas, he says he is fine at the hospital section at the prison facility,” Witz said.</span>\r\n\r\n<span style=\"font-weight: 400;\">Witz also said that the nurse at the prison where Lomas is being held has been administering his daily medication and assisting him with MR scans and other medical procedures.</span>\r\n\r\n<span style=\"font-weight: 400;\">Lomas’s medical condition was a point of contention in his extradition application. But London judge Charles Bourne ruled in August 2024 that there are adequate measures in place in South Africa to provide Lomas, who has suicidal tendencies, with mental health treatment, including hospitalisation if necessary.</span>\r\n\r\n<span style=\"font-weight: 400;\">According to Bourne, Lomas suffers from depression, anxiety, and insomnia, and has previously sought treatment for these symptoms, as well as suicidal ideation.</span>\r\n\r\n<span style=\"font-weight: 400;\">The judge also found: “There was no compelling evidence that Mr Lomas would be unable to control his suicidal impulses, as suicide could be viewed as a voluntary act despite the underlying mental health issues.</span>\r\n\r\n<span style=\"font-weight: 400;\">“The South African prison system was deemed capable of addressing Mr Lomas’s mental needs with appropriate medical care and monitoring in place.”</span>\r\n\r\n<b>Read more in Daily Maverick</b><span style=\"font-weight: 400;\">: </span><a href=\"https://www.dailymaverick.co.za/article/2024-08-27-uk-court-rules-kusile-corruption-accused-michael-lomas-can-be-extradited-to-sa-despite-high-suicide-risk/\"><span style=\"font-weight: 400;\">UK court rules Kusile corruption accused Michael Lomas can be extradited to SA, despite high suicide risk</span></a>\r\n\r\n<span style=\"font-weight: 400;\">Magistrate Phillip Venter postponed proceedings until 28 October. </span><b>DM</b>",
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"summary": "Legal team want to review files relating to the docket and get proper instructions from their client, court hears. Meanwhile, Lomas, who is sickly, appears to be satisfied with his treatment by the prison authorities.",
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The Eskom Holdings SOC Ltd. Kusile coal-fired power station in Mpumalanga, South Africa, on Friday, May 5, 2023. Photographer: Waldo Swiegers/Bloomberg via Getty Images