The Constitutional Court on Wednesday dismissed an appeal by 69 South Africans held in Harare against a judgement by the Pretoria High Court in June that the government be compelled to assist them.
The men are being held on charges of plotting a coup in Equatorial Guinea. They have already pleaded guilty before a special court in a Harare prison to violations of Zimbabwe’s immigration, firearms and security laws.
The men are currently awaiting sentence.
Chief Justice Arthur Chaskalson said on Wednesday the court was divided on some of the issues raised, but its 10 judges were united in the view that the claim as formulated by the men demanding their rights under the South African Constitution was misconceived.
”They also 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 [to South Africa] must be dismissed,” Chaskalson said in an overview of the various judgements.
The majority decision, written by Chaskalson, confirmed the order made by Transvaal Judge President Bernard Ngoepe in June that the government cannot be compelled to demand the return of the men to South Africa or be forced to ensure the men receive fair trials and are detained under internationally acceptable conditions.
In his argument he was supported by Deputy Chief Justice Pius Langa and judges Dikgang Moseneke, Lewis Skweyiya, Johann van der Westhuizen and Zak Yacoob.
Judges Sandile Ngcobo and Albie Sachs broadly agreed with the majority view while Justices Kate O’Regan and Yvonne Mokgoro dissented.
In the majority judgement, Chaskalson also chided the men’s lawyers for trying to rush the process through the media.
”There is no justification for the peremptory manner in which the proceedings were commenced, no satisfactory explanation for the failure to make the demand at the time the media was informed that court proceedings were to be launched.
”It must have been obvious to the applicants’ attorneys that the demands could not reasonably have been responded to [by the government] within 24 hours,” Chaskalson said.
”Not surprisingly, there was no response…”
Department of Foreign Affairs spokesperson Ronnie Mamoepa said the department ”noted and welcomed” the court’s decision.
”We still have to study the full text of the judgement to enable us to comment in greater detail. Nonetheless government will continue to offer consular services to South Africans imprisoned abroad including those in Zimbabwe and Equatorial Guinea,” Mamoepa said. — Sapa