Zim 70 eye ConCourt

2004-06-09 11:49

Pretoria - Seventy South African suspected mercenaries held in Zimbabwe might seek relief from the Constitutional Court in Johannesburg after a Pretoria judge refused on Wednesday to order their extradition home.

The men's advocate, Francois Joubert, told reporters his instructions were to lodge an application for leave to appeal to the Constitutional Court in the event of their Pretoria High Court bid failing, as it did.

But he would have to study the judgment in full before making a final decision.

"The problem is that such applications (to the Constitutional Court) can take weeks and weeks," Joubert said. "We don't have weeks."

Transvaal Judge President Bernard Ngoepe refused in the morning to order the South African government to seek the extradition of the men being held in Harare on suspicion of plotting a coup d'etat in Equatorial Guinea.

He found that South African authorities did not have adequate evidence to prosecute the men for mercenary activities at home.

Also, South African authorities had a discretion to decide whether or not to seek the extradition of any of its nationals.

He dismissed the application with costs.

The men sought an order compelling the South African government to seek their extradition to stand trial at home for contravening the Foreign Military Assistance Act, which outlaws mercenary activities.

They preferred this option, claiming they would not have a fair trial in either Zimbabwe or Equatorial Guinea. They also feared being put to death if deported from Zimbabwe to Equatorial Guinea.

Deep disappointment

In their court application, the men sought to compel the South African government to uphold their rights to a fair trial and not to be sentenced to death.

But Ngoepe said there was no evidence the government was refusing to make the requested interventions.

"Secondly, there would in any event be serious difficulties in the enforcement of the sought orders," he said.

Family members of the men expressed deep disappointment at the judgment.

Wiping away tears, Marge Pain told reporters she had been expecting the outcome "but I was still hoping for some help from South Africa".

"The men had all their hopes on today. Now we have to go back, walk into that room with them and see the expectation in their eyes."

Pain, the wife of Ken Pain, said she would travel to Harare for the appearance of the men in front of a court in the Chikurubi prison, where they are being held, on Thursday.

"At least then I can see him walk in and walk out."

She was not pinning her hopes on the Constitutional Court, expressing concern about the duration of such a process.

"I cannot imagine where this is leading to, I don't even want to think about it," Pain said.

- SAPA