Seventy South Africans being held in Zimbabwe on suspicion of plotting a coup d’état in Equatorial Guinea face real prospects of being executed if sent to that country for trial, the Pretoria High Court heard on Tuesday.
In court papers, Samuel Kaunda and 69 others asked the court to direct the South African government to ensure they are not tried in Equatorial Guinea. They want to be extradited to South Africa, saying they will not have a fair trial in either Zimbabwe or Equatorial Guinea.
The applicants urged the government to intervene now and not wait until after the death penalty was imposed, should they be found guilty in Equatorial Guinea.
”The prospects are that by the time the death sentence is imposed and one hears about it… it will be too late to effectively do anything,” Francois Joubert, SC, argued on their behalf.
He pointed out that the two presiding officials in the Supreme Court in Equatorial Guinea were two military generals with no legal training.
Asked by Judge Bernard Ngoepe if there was a realistic fear of all 70 men being hanged, Joubert replied: ”Yes.”
He said it appeared as if the men’s extradition to Equatorial Guinea was imminent.
The men contend the South African government has a duty to protect the human rights of its citizens abroad. It is therefore legally obliged to intervene should it be clear that a fair trial is unlikely.
”If a SA citizen is about to be killed in a foreign country, surely the court should be empowered to order the government to do something about it,” the applicants’ head of argument states.
The court was shown a video in the morning depicting alleged corruption, nepotism and poverty in Equatorial Guinea.
Listed as respondents in the matter are the president of the republic, the ministers of justice, safety and security, intelligence, home affairs, and foreign affairs, as well as the national director of public prosecutions.
The government has said it will oppose the application.
The alleged mercenaries were arrested at Harare International Airport two months ago when they apparently landed to refuel and pick up military equipment. They were all travelling on South African passports. The men are being held in a jail in Harare.
Zimbabwean authorities claim they were on their way to join 15 suspected mercenaries — including eight South Africans — arrested in Equatorial Guinea.
The men are accused of planning to overthrow Equatorial Guinea’s leader Teodoro Obiang Nguema. – Sapa