Zim 70 'must confess'
2004-05-26 15:37
Pretoria - South African investigators had enough evidence to apply for the extradition for trial of 70 South African suspected mercenaries held in Zimbabwe, the Pretoria High Court heard on Wednesday.
The 70 men were arrested in March on suspicion of plotting a coup in Equatorial Guinea and are seeking a court order that they be tried in South Africa under the Regulation of Foreign Military Assistance Act.
However, Judge Bernard Ngoepe warned the men, who have not admitted allegations that they are mercenaries, not to try and butter their bread on both sides.
"You cannot have it both ways," he told the men's advocate Francois Joubert, SC.
Men should confess
Ngoepe said South African authorities were still investigating the case, which meant they did not yet have sufficient evidence to seek the men's extradition.
If the men wished to be tried for breaking South African mercenary laws rather than stand trial in Zimbabwe or Equatorial Guinea, they should aid investigators by confessing.
Joubert said it was the men's case that they were on their way to the Democratic Republic of Congo to do security work on the mines. They were aware they might have to withstand attacks by rebel troops, which was why they were going armed.
They therefore admitted to being recruited for becoming involved in armed conflict for gain - even though they were not mercenaries per se.
Enough evidence
Their action, Joubert contended, remained a violation of South Africa's foreign military assistance legislation.
Sufficient evidence therefore existed to extradite the men to South Africa for trial.
Ngoepe expressed concern that a premature extradition order might serve to defeat the ends of justice in both Zimbabwe and South Africa as it could lead to the men being acquitted at home for a lack of evidence.
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 claimed they were on their way to join 15 suspected mercenaries - including eight South Africans - arrested in Equatorial Guinea for allegedly plotting to overthrow that country's leader Teodoro Obiang Nguema.
The 70 men are asking Ngoepe to direct the government to uphold their constitutional rights. They claim they would not receive a fair trial in either Zimbabwe or Equatorial Guinea.
If extradited to Equatorial Guinea, the men feared being put to death.
Lawyers for the government, which opposes the application, are expected to start arguing after the lunch break.
- SAPA