There is no legal duty on the South African government to take any steps to protect its citizens in distress abroad, the Pretoria High Court heard on Thursday.
Argument was being led on behalf of the government, which opposes an application for state intervention by 70 South African alleged mercenaries being held in Zimbabwe.
The men, accused of plotting to overthrow the government of Equatorial Guinea, are seeking a court order directing the South African government to uphold their Constitutional rights to a fair trial. The men claim they will not have a fair trial in Zimbabwe or Equatorial Guinea, and provide examples of the ”pernicious” state of the rule of law in both countries. They also fear being put to death if deported to Equatorial Guinea. They deny being mercenaries.
Vincent Maleka, SC, argued for the government that South Africa’s Bill of Rights was intended to apply only within the republic.
It could only find extra-territorial application in Zimbabwe if that was provided for in an extradition treaty between the two countries, or if Zimbabwe was party to an international treaty obliging it to respect certain fundamental human rights enjoyed in other countries.
Zimbabwe was party to neither such treaty, Maleka told Judge Bernard Ngoepe.
Also for the government, Ishmael Semenya argued that South African citizens in trouble abroad had no Constitutional right to diplomatic intervention. – Sapa