SA’s top court rejects ‘mercenaries’ appeal

JOHANNESBURG – South Africa’s highest court yesterday rejected an appeal by a group of suspected mercenaries held in Zimbabwe who tried to force president Thabo Mbeki’s government to seek their extradition.

The constitutional court upheld a ruling by the high court in June that there were insufficient grounds to order the South African government to take action to bring home 69 of the 70 men accused of plotting a coup in Equatorial Guinea. “The constitutional court today dismisses the appeal against the judgement of the high court in Pretoria,” said Chief Justice Arthur Chaskalson.”All the judgements hold that the claim that steps be taken as a matter of urgency by the South African government to seek the extradition of the applicants from Zimbabwe must be dismissed,” he said.The 70 suspected mercenaries, all of whom were carrying South African passports, were arrested on March 7 at Harare airport when their plane made a stopover to pick up weapons they claim were to be used to guard a diamond mine in the Democratic Republic of Congo.But Zimbabwe authorities claim that the men were on their way to Malabo to join 15 other suspected mercenaries and carry out a coup to topple long-time leader Teodoro Obiang Nguema.Their families fear that Zimbabwe could extradite the men to Equatorial Guinea where they could face the death penalty.Defence lawyers argued in court that South Africa’s abolishment of the death penalty should extend to its citizens detained outside the country.But the majority of the constitutional court judges ruled that it was up to the government to decide what form that protection should take.”What protection is given, is an aspect of foreign policy which is essentially the function of the executive…The South African government has a wide discretion in deciding how best to deal with such matters,” Chaskalson said.He added that the government’s policy on the detention and conducting of trials of citizens in other countries were consistent with international law which requires free access to lawyers and a fair trial.- Nampa-AFP”The constitutional court today dismisses the appeal against the judgement of the high court in Pretoria,” said Chief Justice Arthur Chaskalson.”All the judgements hold that the claim that steps be taken as a matter of urgency by the South African government to seek the extradition of the applicants from Zimbabwe must be dismissed,” he said.The 70 suspected mercenaries, all of whom were carrying South African passports, were arrested on March 7 at Harare airport when their plane made a stopover to pick up weapons they claim were to be used to guard a diamond mine in the Democratic Republic of Congo.But Zimbabwe authorities claim that the men were on their way to Malabo to join 15 other suspected mercenaries and carry out a coup to topple long-time leader Teodoro Obiang Nguema.Their families fear that Zimbabwe could extradite the men to Equatorial Guinea where they could face the death penalty.Defence lawyers argued in court that South Africa’s abolishment of the death penalty should extend to its citizens detained outside the country.But the majority of the constitutional court judges ruled that it was up to the government to decide what form that protection should take.”What protection is given, is an aspect of foreign policy which is essentially the function of the executive…The South African government has a wide discretion in deciding how best to deal with such matters,” Chaskalson said.He added that the government’s policy on the detention and conducting of trials of citizens in other countries were consistent with international law which requires free access to lawyers and a fair trial.- Nampa-AFP