Seventy South African suspected mercenaries being held in Zimbabwe are to apply on Monday for leave to appeal to the Constitutional Court after a Pretoria judge refused to order their extradition home.
They would contest Transvaal Judge President Bernard Ngoepe’s ruling on the grounds that a South African’s constitutionally-entrenched rights had to be enforceable in a foreign country, the men’s lawyer Alwyn Griebenow said on Friday.
The application would be lodged on an urgent basis on Monday, after which the South African government would have seven days to file an opposing affidavit.
”We are hoping for our case to be heard within three weeks,” Griebenow said.
Ngoepe turned down an application last Wednesday for an order compelling the South African government to seek the men’s extradition. They are suspected of plotting a coup d’etat in Equatorial Guinea.
Ngoepe found that the South African authorities did not have adequate evidence to prosecute the men at home and dismissed the application with costs.
The men want to be extradited to South African to stand trial at home for contravening the Foreign Military Assistance Act, which outlaws mercenary activities. But they have denied being mercenaries.
The men claimed they would not have a fair trial in Zimbabwe or Equatorial Guinea and feared being put to death if deported to the west African country.
They sought to compel their government to make submissions to Zimbabwe and Equatorial Guinea for the protection of the constitutional rights they enjoyed in South Africa to a fair trial, and not to be sentenced to death.
But Ngoepe said the men failed to make out a case for court intervention.
The men were arrested at the Harare International Airport more than two months ago when they apparently landed to refuel and pick up military equipment.
Authorities believed they were on their way to join 15 suspected mercenaries — including eight South Africans — arrested in Equatorial Guinea for allegedly plotting to overthrow the west African country’s leader Teodoro Obiang Nguema.
The men claimed they were on their way to the Democratic Republic of Congo to perform mine security duties. – Sapa