Zim 70: Govt has no obligation
2004-05-27 11:52
Pretoria - There is no legal duty on the government to take any steps to protect its citizens in distress abroad, the Pretoria High Court heard on Thursday.
Argument was being led on behalf of the government, which
opposes an application for state intervention by 70 South African
alleged mercenaries being held in Zimbabwe.
The men, accused of plotting to overthrow the government of
Equatorial Guinea, are seeking a court order directing the South
African government to uphold their Constitutional rights to a fair trial and not to be sentenced to death.
Vincent Maleka, SC, argued for the government that South
Africa's Bill of Rights was intended to apply only within the
republic.
t could only find extra-territorial application in Zimbabwe if
that was provided for in an extradition treaty between the two
countries, or if Zimbabwe was party to an international treaty
obliging it to respect certain fundamental human rights enjoyed in other countries.
Zimbabwe was party to neither such treaty, Maleka told Judge
Bernard Ngoepe.
Also for the government, Ishmael Semenya argued that South
African citizens in trouble abroad had no Constitutional right to
diplomatic intervention.
The men claim they will not have a fair trial in Zimbabwe or
Equatorial Guinea, and provide examples of the "pernicious" state of the rule of law in both countries. They also fear being put to death if deported to Equatorial Guinea. They deny being mercenaries.
- SAPA