Zim 62 hope to go home soon

2005-05-05 08:36

Johannesburg - The 62 South African alleged mercenaries in Zimbabwe might be released next Tuesday after 12 months in Chikurubi prison in Harare, their lawyer said on Wednesday.

Lawyer Alwyn Griebenow said he was not sure if the men would be released on the due date, but he would fly to Harare to find out what the situation was.

The men were still awaiting the outcome of an appeal lodged by Zimbabwe's attorney-general, Sobuza Gula-Ndebele, against the reduction of their sentences, which would have seen the men released in early March.

"No date has been set for the appeal, which will only be of academic value as the men will be back in South Africa already," said Griebenow.

Zimbabwean court officials confirmed on March 2 that the men were scheduled for immediate release after a successful appeal against their sentences in the high court.

A week later, with all the paperwork completed, their lawyer and families waited in vain for their return, which was delayed when Gula-Ndebele filed an application to appeal against the High Court's decision.

"The suspension of a sentence for early release of a prisoner only applies to Zimbabwean citizens," Gula-Ndebele said at the time.

Griebenow said the appeal would only be of value to two pilots, who had received 16 month sentences for their role in the alleged plot to topple the government of Equatorial Guinea.

"If judgment is given in their favour, they won't have to wait until September 1 to be released," he said.

Two of the men due for release on Tuesday were ill with tuberculosis (TB), Griebenow said.

In dire straits

As the men had been "well and fit" when they were arrested, they presumably contracted the disease in prison, he said.

Francisco Marcus, who has been in hospital for more than six months was "already very weak and can barely walk", while Melane Moyo had been in and out of the prison hospital.

Accusations of mistreatment of the prisoners had surfaced during their imprisonment, with Griebenow saying their living conditions were "horrible".

Their prison food had little nutritional value, they slept on the floor, and sometimes weeks went by without running water, he said.

He claimed the prison authorities have refused permission to hand over jerseys knitted especially for the men in conformance with prison uniform regulations.

The South African embassy in Harare did not dismiss the claims, but said the allegations had not been brought to the embassy's attention.

The group was arrested at Harare International Airport when they apparently landed to refuel and pick up military equipment.

Zimbabwean authorities said they were on their way to join 15 other suspected mercenaries - including eight South Africans - arrested in Equatorial Guinea at about the same time.

They were convicted of breaching Zimbabwe's aviation, immigration, firearms and security laws.

- SAPA