Antonio Trindade, the former contractor for Eskom embroiled in a scandal linked to the hefty R1.4 billion upgrade at Kusile Power Station, has been declared unfit to stand trial, as outlined in a recent hearing at the Gauteng High Court in Johannesburg on Tuesday. This decision stems from a psychiatric report presented to the court, revealing that Trindade suffers from a “major neurocognitive disorder,” a condition that appears to have worsened following a stroke he suffered in December last year.
The report, compiled by a panel comprising three psychiatrists and a psychologist from Sterkfontein Psychiatric Hospital, highlighted not only the psychological issues affecting the 69-year-old Trindade but also his “frail” physical condition. As the case unfolded, Trindade was notably absent from the courtroom, having been admitted to the psychiatric facility under a court order issued in early November.
Trindade’s legal troubles are among the allegations of extensive corruption within Eskom, with accusations that he, along with former Eskom executives Abram Masango and Hlakudi, engaged in fraudulent activities. The court has also pointed to Masango allegedly receiving significant kickbacks in conjunction with the contract awarded to Tubular Construction, where Trindade held the role of CEO.
Joining Trindade in facing the allegations are businessman Maphoko Kgomoeswana and Michael Lomas, a former advisor to Tubular who was extradited from the UK in September. Tuesday marked Lomas’s first court appearance alongside his co-accused, after he opted to appear separately in previous hearings.
In a notable development during Tuesday’s proceedings, Lomas expressed a change of heart regarding his bail status. According to his advocate Mannie Witz, the court learned of the request for Lomas to be granted bail, especially in light of his release on bail in the UK following his arrest in 2021.
The State also took the opportunity to request a separation of trials, citing Trindade’s ongoing health challenges. The court agreed and postponed proceedings until the 8th of May 2025, at which point there will be an update on Trindade’s health, with the possibility of determining the next steps based on his condition. The court also approved the cancellation of the warrant for detention that followed Trindade’s referral to Sterkfontein and reinstated his bail at R300,000, which had been previously granted.
Meanwhile, the case against Trindade’s co-accused has been rescheduled for discussion on the 5th of March 2025, leaving many in the legal community pondering the ramifications of these high-profile corruption cases within one of South Africa’s key state-owned enterprises.