WeeklySA_AdminJUSTICE: UK court rules fugitive must return to face corruption charges relating to R745-million corruption case…
By Upmanyu Trivedi
A British national wanted in South Africa over allegations of bribes paid in a deal struck with state-owned power utility Eskom Holdings has lost a bid to block his extradition.
A London judge dismissed arguments that Michael Lomas, a former Eskom contractor, would be at high risk of suicide should he be sent to South Africa to face the criminal charges in a ruling published today.
“It is very hard to see how the appellant, a frail elderly man, would succeed in taking his life after being searched for dangerous objects and when surrounded by the escorting team,” Judge Charles Bourne said in the ruling.
He was arrested in 2021 in London over Eskom’s payment of R745-million to Tubular Construction Projects for work on the utility’s Kusile power plant. He faces trial on over 41 charges of corruption for the alleged bribes between 2015 and 2017.
The 77-year-old could face as long as 15 years in prison if found guilty. Former Eskom executives Abram Masango and France Hlakudi are accused of receiving undue gratification valued at R30 million each from the contractors, Antonio Trindade and Lomas.
Another alleged accomplice, Maphoko Kgomoeswana, and his company, Babinatlou Business Services, are accused of facilitating the bribes on behalf of the Eskom Kusile contractors to the state-owned power generations’ senior bosses.
Lomas will now join co-accused and ex-group executive of the group capital division, Masango, businessman Maphoko Kgomoeswana, Tubular Construction CEO Antonio Trindade, at their next court appearance on November 4. They will appear in the Palm Ridge Specialised Crimes Court in Johannesburg. Hlakudi has another matter in the North Gauteng High Court in Pretoria regarding a R30 million tax fraud case which pertains to his personal and business tax affairs.
The charges relate to his personal tax affairs and that of his companies, Hlakudi Translation and Interpretation, Coxinel Chicken (Pty) Ltd, and Bon Services Telcom cc. The monies were received between 2015 and 2018.
South African prosecutors first won the right to extradite him in December 2022 after authorities announced a series of arrests and prosecutions in their efforts to turn the page after the scandal-marred rule of former President Jacob Zuma.
Lomas’ lawyers didn’t immediately respond to a request for comment. A spokeswoman for Eskom wasn’t immediately able to comment when reached by phone.
Their arrests followed an intensive investigation conducted by the SIU in Eskom which uncovered evidence pointing to criminal action against the five accused. The evidence as required by SIU Act, was referred to the National Prosecuting Authority (NPA) and also to the Directorate for Priority Crimes Investigation (Hawks) for further attention.
In 2018, the SIU was directed in terms of Proclamation R11 of 2018, to investigate the procurement of or contracting for services by Eskom and payments that were made in respect thereof.
In March this year, the Asset Forfeiture Unit (AFU) of the National Prosecuting Authority (NPA) secured two forfeiture orders to the value of R33 million in relation to alleged corruption at power utility Eskom. The orders were granted by the High Court in Pretoria.
“The two orders were to finally forfeit various properties which are the proceeds of unlawful activities at the Eskom’s Kusile Power Station, following allegations of serious maladministration and corruption,” explained National Prosecuting Authority spokesperson Lumka Mahanjana at the time.
She said the next step was for the properties to be sold at a public auction and the proceeds returned to Eskom adding that criminal investigations were ongoing. “These forfeiture orders are part of the implementation of the Asset Forfeiture Unit’s asset recovery strategy to claim the proceeds of corruption back to the state.”
In terms of the orders, the assets that were to be seized included a Silver Lakes property in Pretoria, farms in Mpumalanga and White River Mbombela. Vehicles included a Mercedes-Benz Viano, a Chevrolet Utility bakkies, a Subaru Impreza, golf cars and quad bikes.
According to the NPA, two former Eskom employees who allegedly benefited were Hlakudi and Ntjie Kenneth Segooa as well as Tamukelo’s chief operating officer Lloyds Muzi Sambo, Tamukelo founder Mukelo Pertunia Sambo, and Zenzile Carol Sanderson. Mahanjana said the Special Investigating Unit (SIU) was mandated to investigate the affairs of Eskom.
“The preliminary investigations by SIU revealed that Eskom, in respect of this case, lost almost R400 million from the unlawful tender which was granted to Tamukelo.”
Eskom appointed a vendor, Tamukelo Business Enterprises, which provided Water Trucking services to the Eskom Kusile project site from approximately June 15 2009, to November 2020.
“Tamukelo Business Enterprises then made various payments to various current and former Eskom officials. The findings implicated the members and representatives of Tamukelo.” – Additional reporting by IOL
Mirror Briefs
LAWYERS PROBED OVER MEDICAL AID CLAIMS
Unscrupulous and greedy lawyers and advocates have attempted to swindle billions of rands from the State and embezzled monies from their ill clients through fraudulent and irregular medico-legal claims.
This was revealed by Health Minister Dr Aaron Motsoaledi during a media briefing held yesterday (Sat).
The Special Investigating Unit (SIU) has been, through a proclamation, investigating medico-legal claims against the State since 2017, in which allegations of fraudulent claims have been uncovered.
“So far, in the matters completed by the SIU, the sum of [at least] R3 billion has been saved for various Departments of Health.
We believe that this amount will increase as the investigations are still ongoing,” Motsoaledi said.
The damning and ongoing investigation by the SIU has revealed that some legal practitioners have been targeting provincial Departments of Health – at times with the help of health practitioners working for the State.
“The Department of Health noticed several claims which were completely out of sync and made no sense at all. There were claims that were evidently fraudulent.
“Just as an example, a claim was submitted in which the claimant demanded R70 million for a supposedly botched circumcision by a doctor in a hospital in Limpopo province. On investigation of this claim, it was found out that no such circumcision was ever performed,” Motsoaledi said. – SANews.
MUNIPALITIES URGED TO GROW THE ECONOMY
Efficient and strong municipalities are key to ensuring that South Africa’s economy grows and jobs are created, according to President Cyril Ramaphosa.
The President addressed the District Development Model (DDM) Presidential Imbizo at Tsakane Stadium in Ekurhuleni, Gauteng.
The Presidential Imbizo is a platform for communities to interact with government leaders from all three spheres of government on service delivery challenges, and for the executive to respond to the community on what they are doing to resolve those issues.
“We have said as the Government of National Unity, our key priority is to grow the economy, and to create jobs and fight poverty.
But to do this, we need strong municipalities. It is municipalities that are the engine room of development because they provide the services to our people but they also are economic engine rooms’’, said Ramaphosa.
“We want our municipalities to work efficiently. To our councillors, we should not be continuously hearing that our people don’t even know their councillors.
That must come to an end. Councillors have been elected to serve the people and they must show themselves in the community.
They must hold meetings with our communities. We must not wait for an Imbizo to come and listen to our people raising their concerns” .
Turning to the City of Ekurhuleni municipality, Ramaphosa said it was one of South Africa’s most important hubs. – SA News.
