Zim 70 to be tried in Harare

2004-06-09 09:50

Pretoria - The Pretoria High Court refused on Wednesday to order the State to seek the return of 70 South Africans held in Zimbabwe on suspicion of plotting a coup d'etat in Equatorial Guinea.

Transvaal Judge President Bernard Ngoepe found that South African authorities did not have adequate evidence to prosecute the men at home for mercenary activities.

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

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 Zimbabwe or Equatorial Guinea. They also feared being put to death if deported from Zimbabwe to Equatorial Guinea.

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 that 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.

- SAPA