Zim 70 waiting on SA judgment

2004-05-27 17:09

Pretoria - Judgment was reserved on Thursday in a Pretoria High Court application by 70 men being held in Zimbabwe to compel South Africa to uphold their constitutional rights.

After hearing three days' arguments, Judge Bernard Ngoepe said he was inclined to consider the application in an urgent light, and would deliver his judgment as soon as possible.

The government opposed a bid by the men for an order compelling it to uphold their rights in terms of the South African Constitution to a fair trial and not to be sentenced to death.

Counsel for the government argued on Thursday there was nothing in the constitution or local or international law compelling it to act in pursuit of the rights of any of its citizens in trouble with the law in a foreign country.

South Africans also enjoyed no right to diplomatic intervention. South Africa's Bill of Rights was intended to apply within the republic, said Vincent Maleka SC.

Mercenary activities outlawed in SA

The men, accused of plotting to overthrow the government of Equatorial Guinea, claimed they would not get a fair trial in Zimbabwe or Equatorial Guinea, and feared being put to death if deported to the west African country.

They are seeking their extradition to South Africa to stand trial at home for contravening the Regulation of Foreign Military Assistance Act, which outlaws mercenary activities, although they have not confessed to their involvement in such activities.

The government contends there is not enough evidence for their extradition on this basis, and says the men have failed to provide it with information that could help local prosecutors prepare a criminal case against them.

The government has also rejected the applicants' contention that a duty arose to protect their rights as a result of intelligence on their alleged activities having been passed on to Zimbabwe.

Claim they were going for security work

It denied having set a trap for the men, saying its actions were entirely legal.

The men were arrested at Harare International Airport more than two months ago when they apparently landed to refuel and pick up military equipment.

Authorities believe they were on their way to join 15 suspected mercenaries - among them eight South Africans - arrested in Equatorial Guinea for allegedly plotting to overthrow the west African country's leader, Teodoro Obiang Nguema.

The men claim they were headed for the Democratic Republic of Congo to do mine security work. They went armed for fear of attacks by rebel troops.

- SAPA