Michael Lomas and Hudson Kgomoeswana after reaching a plea and sentence agreement with the NPA’s Investigating Directorate Against Corruption photo supplied
By Henry Mamothame
IDAC Spokesperson
The Gauteng Local Division of the High Court, Johannesburg, convicted Michael Lomas and Hudson Kgomoeswana after reaching a plea and sentence agreement with the NPA’s Investigating Directorate Against Corruption (IDAC) in terms of Sec105A of the Criminal Procedure Act, wherein they pleaded guilty to 34 charges of corruption.
Lomas was convicted on 34 charges of corruption relating to payments made between February 2015 and April 2017 amounting to over R2.6 million from his personal account into a company owned by one of the accused.
The charges also relate to twenty-four (24) rental payments for an apartment in Midrand, amounting to over R396 000, which benefited two former senior Eskom employees.
This gratification was aimed at influencing the two to award a contract to a company Lomas was working for, Tubular Constructions Projects.
Following considerations on several factors that include the age and health of the accused, his remorse for participating in corrupt acts, the aggravating circumstances of the case, mitigating circumstances of the case, as well as the interests of the complainant, Eskom Holdings, Lomas was sentenced to 15 years imprisonment, which will be suspended for a period of 5 years.
The conditions are that he should not be convicted for fraud, theft and/or the contravention of PRECCA.
He will further provide the State with evidence against some of the accused in the main case.
*Meanwhile, the NPA’s Asset Forfeiture Unit (AFU) has rejected the proposed confiscation of R6m against the value of his assets*, as it views the amount as not being reflective of the proportions of the money that was lost to the state through his criminal acts.
Further engagements between AFU and Lomas’ attorneys are underway in an attempt to reach a settlement.
Meanwhile, Kgomoeswana also pleaded guilty to one count of corruption in the contravention of PRECCA, 18 counts of money laundering and 15 counts of the Contravention of the Tax Act.
The charges relate to payments of over R6 million allegedly paid to a former Eskom senior employee as gratification from Tubular Group of companies, through Babinatlou Business Services, owned by Kgomoeswana.
Kgomoeswane retained the amount of R757 000 for making available his accounts to facilitate corrupt payments.
Following certain factors being considered, which include the seriousness of the charges, the remorse expressed by the accused, the interests of the complainants, SARS and Eskom Holdings, he was sentenced to 15 years imprisonment on the corruption and money laundering charges of which with 10 years are suspended for a period of 5 years, provided he doesn’t commit similar offences during the suspension period.
He was further sentenced to 5 years direct imprisonment on 15 counts of the contravention of the Tax Administration Act for evading tax.
This sentence will run concurrently with the 5 year sentence relating to the corruption and money laundering charges.
The accused has consented to the NPA’s Asset Forfeiture Unit (AFU) to confiscate his assets valued at over R2.4 million.
He will also provide the state with evidence on his participation in commissioning of the offence.
The two together with other accused were facing multiple counts of corruption linked to the R1.4 billion that was meant for the upgrade of Eskom’s Kusile power station in Mpumalanga between 2014 and 2017.
Lomas was successfully extradited from the United Kingdom in September 2024 where he was joined with the other accused.
The National Director of Public Prosecutions, Adv Andy Mothibi commended the collaboration between the NPA’s IDAC, AFU, SARS, DPCI and Eskom which resulted in the conviction of the two accused.
He further called on all law enforcement agencies to strengthen their unity in the fight against all forms of criminality.
Meanwhile, the case against Frans Hlakudi and Abram Masango is expected back in court on 07 August 2026 for trial.
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