NPA mulls mercenary charges
2009-11-04 09:55
Pretoria - The National Prosecuting Authority (NPA) will have to consider whether the legal precedent of double jeopardy is applicable should the four released South African mercenaries be charged again in South Africa.
According to legal experts, the question is whether an accused had in essence already been punished enough.
The NPA indicated it would comment in more detail at a later stage.
The four South Africans were held since 2004 in Equatorial Guinea after a failed coup and assassination attempt on President Teodoro Obiang Nguema.
They were part of two groups of South Africans who were arrested in Zimbabwe and Equatorial Guinea in March 2004.
Mastermind
The British mastermind and former special forces operator, Simon Mann, was arrested with a group of 69 South Africans in Zimbabwe.
Most of the other South Africans were released after they had been held for about a year, but Mann was transferred to Equatorial Guinea after four years, where he was found guilty a second time for his part in the plot.
Mark Thatcher, the son of former British prime minister Baroness Margaret Thatcher, admitted guilt in South Africa in 2005 to his part in the plan, and after entering a plea bargain, paid a fine of R3m.
Eight of the South Africans who were serving a jail sentence in Zimbabwe, were charged a second time in South Africa.
But they were found innocent in 2007 when magistrate Peet Johnson found that although the coup plan was illegal, they had not intentionally broken the South African Regulation of Foreign Military Assistance Act
He found that the men were under the impression that the South African government had given permission for the coup attempt. Some of the others were again under the impression that they had been sent to secure a mine in the Democratic Republic of the Congo (DRC).
The men at the time directed a plea outside the court to the South African government to accept responsibility for the four South Africans and to bring them home.
Bone Boonzaaier, one of the Equatorial Guinea group who was pardoned for health reasons three years ago, said on Tuesday to André le Roux: "When I was released, I promised myself and my family to never again talk about this. Thanks for the interest, but I have nothing to say."
It would appear that the International Red Cross had visited Du Toit and the others from time to time and had pressured the Equatorial Guinea government to improve jail conditions.
Released dad a big birthday present
Meanwhile, there was happiness from Pretoria to Copenhagen on Tuesday when the news that the four South Africans would be released broke.
Delfina Cardoso of Elandspoort in Pretoria said the news had caught her off guard.
She had last seen her husband Sergio, 49, on March 6 2004 - shortly before the men were caught.
"My husband could phone me a couple of times this year but I don't think even he knew they were to be released.
"He always said everything was going well and was only worried about me and his son, Vanderley.
"My son turns 11 on November 22. It will be a huge birthday present for him if his dad can come home."
Suzanne Richter, the Danish wife of José Domingos, 48, said from Copenhagen on Tuesday that she saw the news on TV.
"It will only become real when I can talk to my husband. During the five years of their detention I could speak very little to him as it is so expensive to call, but I can't wait to see him again."
Their son, Marcus, was seven years old, when his father, a former special forces soldier of Angolan descent, was arrested.
The two men were released with Nick du Toit and George Nunez.
Text of full pardon
"Decree nr 117/2009 dated November 2, gives full pardon to Nicolaas Servaas du Toit, Sergio Patricio Fernando Cardoso, José Passocas Sundays (Domingos) and George Nunez Olympic Alerson.
"The country's laws give the president of the republic (of Equatorial Guinea) the power to pardon prisoners before they have served their sentence.
"The period of prison time already served and the need to rebuild their lives was taken into account.
"Their attitude while the matter against them was being investigated and their behaviour during their imprisonment showed that aforementioned men had enough remorse and were willing to reintegrate socially.
"After their release, the prisoners should leave the country within 24 hours. They are forbidden from ever returning to the Republic of Equatorial Guinea.
"For a better Guinea,
Obiang Nguema Mbasogo
President"