/ 22 May 1998

McBride: Anger over delays

Wally Mbhele

Mounting frustration over the continued incarceration of Robert McBride, who has been languishing in a Mozambican jail without trial for almost two-and-a-half months, has prompted calls for the South African government to become more active in securing the freedom of its foreign affairs official.

After the Mozambican authorities failed this week either to release or to charge McBride, a pressure group was launched which aims to target all Mozambican consulates in South Africa for protest action.

The initiative, described as “long overdue” by the mainly African National Congress activists involved, could pose a dilemma for the South African government, perceived to be too passive in the face of what appears to be a conspiracy orchestrated by third force elements against McBride.

Although it is unclear whether the ANC will throw its weight behind the initiative, the government insisted again this week that it was not going to interfere in Mozambican legal processes.

The government’s chief communications director, Joel Netshitenze, said McBride’s family is “in touch” with the Ministry of Safety and Security. He did not divulge any further details.

The Free McBride Campaign was launched as the diplomat’s legal costs incurred since his arrest ran beyond R100 000 and a Mozambican judge presiding over the matter shattered hopes for his release.

McBride was arrested on March 9 on suspicions of gun-running while in the company of an apartheid-era military intelligence agent, Vusi Mbatha, whose evidence the Mozambicans are heavily relying upon to corroborate their allegations against him.

It is understood Mbatha has made three conflicting statements since McBride’s arrest in Mozambique. Despite the statement by police Assistant Commissioner “Suiker” Britz, that there was enough evidence to prosecute McBride, it appears that the Mozambicans do not have any evidence they can rely on to bring about a successful prosecution.

In terms of Mozambican law, a judge has 40 days in which to study all evidence against a suspect before deciding whether to charge or release the person. A suspect is presumed guilty until found innocent by a judge.

The charges McBride is facing appear to reproduce the discredited Meiring report. He is accused of plotting to overthrow the South African government with the assistance of officials at the American and Cuban embassies, named as Louis and Coba.

Judge Carlos Caetano, who is presiding over the McBride case, spent last week seeking to interview Louis, Coba and a General Massango named in the police charge sheet.

Even after the defence team – led by respected Mozambican lawyer Albano Silva – handed in letters from the South African, Cuban and American embassies stating that the three do not exist, Judge Caetano still failed to reach a decision.

Judge Caetano told McBride’s legal team last Friday that he would make his decision on Monday. He failed to do so.

He appeared to be irritated by the presence of a few representatives of the South African press, including the Mail & Guardian, outside the court building. He personally confiscated an SABC television videotape after ordering a policeman to confiscate the camera. The reason, he fumed, was because the crew took footage of the court building.

McBride’s supporters said it was difficult to understand why the judge was unable to reach a decision, considering all the documentation presented to him.

“We are now inclined to engage in a proactive activity. We hope our actions will mobilise more people and spark massive protests around the country until they feel the presssure,” said Aubrey Lekwane, co-ordinator of the McBride campaign.

They are threatening to occupy government buildings if McBride is not released soon.