Zim 62 not facing arrest - NPA
2005-05-12 10:00
Johannesburg - The 62 South African alleged mercenaries expected to return from Zimbabwe on Thursday will not be arrested on their return, but may be prosecuted, the national prosecuting authority (NPA) said.
NPA spokesperson Makhosini Nkosi said the Scorpions were probing whether the men had contravened the country's Regulation of Foreign Military Assistance Act. If so, they would face prosecution.
"We will speak to them when appropriate... They've been in jail for a year and want to see their families. Their families want to see them," Nkosi said.
"We have contact with their lawyer and know where to find them. So why would we want to arrest them?"
The men, whose jail term expired two days ago were still in a Zimbabwean prison by 07:00 on Thursday, their lawyer, Alwyn Griebenow, said from Harare.
Griebenow said his clients were still behind bars at the Chikurubi maximum security prison outside Harare.
Going home soon
Griebenow said he and his corresponding attorney would be meeting with Zimbabwean immigration officials in the morning to take the matter further.
"I'm convinced they'll be on their way home today," Griebenow said.
The alleged mercenaries have completed a 12-month prison sentence for violating Zimbabwe's immigration, aviation, firearms and security laws.
South African ambassador Jerry Ndou said the men would leave Harare after the completion of all their immigration documents.
Zimbabwe's chief immigration officer is personally handling the men's deportation.
Their early release in March after a reduction of their sentences was thwarted by an appeal by Zimbabwean attorney-general Sobuza Gula-Ndebele.
He argued that early releases only applied to Zimbabweans.
Leave for the appeal was granted, and a date for the matter to be heard was set for later in May.
The sentences of the 62 men expired before this could happen.
Prisoners 'badly treated'
Two of the men due for release on Thursday — Francisco Marcus and Melane Moyodue — are ill with tuberculosis believed to have been picked up in prison.
Accusations of mistreatment of the prisoners have surfaced, with Griebenow saying their living conditions were "horrible".
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 alleged mercenaries — including eight South Africans — arrested in Equatorial Guinea around the same time.
The men said the equipment found in their possession was to be used to guard mines in the Democratic Republic of Congo (DRC).
The group in Equatorial Guinea were convicted and given long prison sentences for attempting to overthrow the country's long-time dictator, Teodoro Obiang Nguema.
- SAPA