SA 'must promote' rule of law

2004-10-28 13:42

Cape Town - A South African State lawyer defended a subpoena forcing Mark Thatcher to answer questions on his alleged role in a coup plot in oil-rich Equatorial Guinea on Thursday, saying Pretoria had a duty to fight "chequebook colonialism".

Michael Donen, representing South Africa's justice ministry, said the country "has a responsibility to promote the rule of law in Africa".

This was why the justice minister sought a subpoena to oblige Thatcher to answer questions set by Equatorial Guinea, where the embattled millionaire faces coup plot charges, Donen said.

"There is ... a trend in central Africa where chequebook colonialists hire small groups of former South African defence force soldiers to overthrow small governments for oil. ... This has serious implications for these countries," Donen said. "There is a collective agreement among African states that coups are bad."

Deon van Zyl, the presiding judge in the three-judge bench, said the court "must determine whether the decision the minister took was rational or not."

Thatcher, the 51-year-old son of former British prime minister Margaret Thatcher, was arrested on August 25 in Cape Town and charged with bankrolling an alleged plot to overthrow President Teodoro Obiang Nguema, in power for 25 years.

He is due to appear in court on November 25 to answer charges of violating South Africa's anti-mercenary law.

Earlier, Thatcher's lawyers had argued that forcing their client to testify would be a violation of his constitutional rights and said the judiciary in Equatorial Guinea was manned by "thugs".

For courts to decide

State lawyer Donen stressed on Thursday that the court should not overlook the fact that the decision to issue the subpoena was taken by the executive to ensure that South African nationals facing coup charges in Equatorial Guinea received a fair trial.

But Judge Van Zyl said: "It is not for the courts to decide what matters were relevant in pursuit of a foreign policy matter; that is what I want to submit.

"Here you are dealing with the rights of people standing trial in Equatorial Guinea and also those who are being charged in South Africa," he said.

If convicted of involvement in the coup, Thatcher could face a fine or a jail sentence, or both.

Thatcher is accused of contributing $275 000 to help finance the plot in Equatorial Guinea.

His lawyers deny the charge and maintain that the funds were an investment in an air ambulance venture for west Africa.

The trial in the Equatorial Guinea capital Malabo of 19 men on coup charges was suspended on August 31 to allow the prosecution to question Thatcher.

- AFP