SA court to rule on Zim 70

2004-06-08 13:05

Pretoria - The Pretoria High Court is to deliver a ruling on Wednesday on whether 70 suspected mercenaries held in Zimbabwe on charges of plotting a coup in Equatorial Guinea should face trial in South Africa.

The families of the alleged soldiers of fortune are asking the court to force the government to seek the extradition of the 70 men or take measures to prevent them from being sent to Equatorial Guinea where they could face the death penalty.

During three days of hearings in Pretoria in late May, lawyers for the families argued that the lives of the 70 men from South Africa, Namibia and Angola, who were all travelling on South African passports, are at stake.

"The lives of these men will be in the South African government's hands. Government has to act now in terms of our constitution and in respect of human rights," lawyer Francois Joubert said.

"These men need protection. We cannot think of any other way that they can seek the protection they need in their dire circumstances."

But the government contended that it should not be forced to take action in the case as it would set a precedent for all other nationals held abroad.

President Thabo Mbeki's government has also stated that it does not have strong enough evidence to seek their extradition from Zimbabwe where they are being held at the Chikurubi maximum security prison on the outskirts of Harare.

Justice Bernard Ngwepe is to hand down his ruling early on Wednesday, the lawyers said.

Facing extradition

The 70 men were arrested on March 7 in Harare after taking off in a private plane from South Africa, allegedly en route to Equatorial Guinea to topple President Teodoro Obiang Nguema, the long-time leader of the oil-rich country.

The men deny the charges and maintain they were going to the Democratic Republic of Congo where they were to guard a diamond mine.

The group faces possible extradition to Equatorial Guinea, where they could be sentenced to death along with 15 other alleged mercenaries who have been arrested on similar charges in the capital, Malabo.

At their last court appearance in Harare on May 26, the 70 men were ordered held in custody until Thursday when a date for the trial could be set.

Obiang held talks with Zimbabwean President Robert Mugabe on April 28 after which an official told AFP that Mugabe had agreed to hand over the men for trial in Equatorial Guinea.

There has not, however, been any official statement from the Zimbabwe government about extraditing the 70 men.

South Africa has pledged to work for a fair trial for the mercenaries but underlined that it would not interfere in the legal process until judgment had been delivered.

- AFP