Zim 70's fate still undecided
2004-07-19 18:40
Johannesburg - The families of suspected mercenaries held in Zimbabwe on coup-plotting charges went before South Africa's highest court on Monday to make a last desperate appeal to bring the men home.
The court heard the arguments all day long before adjourning till Tuesday.
The appeal to the Constitutional Court came just two days before the 70 men go on trial in Harare for allegedly plotting to overthrow President Teodoro Obiang Nguema of Equatorial Guinea.
Lawyer Francois Joubert argued before the 10-judge panel that it must order President Thabo Mbeki's government to seek the extradition of the men to save them from a possible death sentence, evoking their "rights to life and right to dignity".
"This country is in a position to apply for extradition," Joubert told the court, arguing that such a measure would prevent Zimbabwe from handing over the men for trial to Malabo where they could face the death penalty.
He said he had briefly seen the copy of a extradition request from Equatorial Guinea to Zimbabwe, naming the men and accusing them of plotting to kill Obiang and stage a coup in the oil-rich nation.
"If it emerges that they are extradited to Equatorial Guinea, they will be at substantial risk of facing execution," said Joubert.
'Will be too late'
"We have this very real fear that should one wait until the sentence is imposed, it will be too late," he argued.
Joubert said, "South Africa is indisputedly the leader in this continent", adding that any requests it made would carry tremendous weight in both Equatorial Guinea and Zimbabwe.
South Africa's high court in June rejected the families' court bid, citing lack of evidence.
At Monday's hearing, the judges asked the lawyers to spell out their rationale for forcing the government to intervene and suggested there was no urgency, given that the Zimbabwe court had yet to hear the case or hand down a verdict.
"Are you saying that this court must tell the government how to conduct its foreign affairs?" Chief Justice Arthur Chakalson asked, adding that the issue could be tackled by Pretoria at the "diplomatic level".
Family members said they did not expect a ruling in their favour.
"I am not holding out very much hope," said Marge Payne, wife of co-pilot Ken Payne. "I think they will step in only when the death penalty comes in."
Zimbabwean authorities have charged the men with breaching the security, firearms, aviation and immigration law and they are scheduled to go on trial on Wednesday.
If convicted the men could face a fine or a five-year prison term, but the real question is whether Zimbabwe will then hand them over to Equatorial Guinea for trial.