The 62 South African alleged mercenaries in Zimbabwe may now be released only on Wednesday, their lawyer, Alwyn Griebenow, said on Tuesday.
He said he has been told by prison officials the group might be released on Wednesday, ”but nobody is prepared to commit to this”.
The officials told Griebenow that once the men are released, they will be handed over to immigration officials to be deported.
According to Zimbabwean law, if foreigners are fined more than Z$200, they have to be deported once the fine is paid and the sentence served.
”So, obviously they are been seen as prohibitant immigrants.”
Griebenow said he has been told that the chief officer of immigration is personally handling the matter, but he was not available on Tuesday.
”I’m hoping to see him tomorrow [Wednesday] so I can find out what his plans are,” he said.
The men were supposed to be released on Tuesday, as their sentences have expired. They were convicted of breaching Zimbabwe’s aviation, immigration, firearms and security laws.
Asked how the men are doing, Griebenow said he has only managed to see four of them, as prison officials only allow him to meet two of them at a time.
”I don’t know why they decided this. It’s never been like this before.
”They are physically and mentally drained. The lack of assurances and guarantees is really getting to them,” he said.
The group has spent more than 12 months in prison. They are still awaiting the outcome of an appeal lodged by Zimbabwe’s Attorney General, Sobuza Gula-Ndebele, against a reduction of their sentences, which would have seen the men released in early March.
Zimbabwean court officials confirmed on March 2 that the men were scheduled for immediate release after a successful appeal to the high court for a reduction of their sentences.
A week later, with all the paperwork completed, their lawyer and families waited in vain for their return which was delayed when Gula-Ndebele filed an application to appeal against the court’s decision.
He argued that early release only applied to Zimbabweans.
Griebenow said the appeal would now only be of value to two pilots who had received 16-month sentences for aviation and immigration-related offences.
Two of the men due for release on Tuesday — Francisco Marcus and Melane Moyodue — are ill with tuberculosis, believed to have been picked up in prison.
The group was arrested at Harare International airport when they apparently landed to refuel and pick up military equipment.
Zimbabwean authorities said they were on their way to join 15 other alleged mercenaries — including eight South Africans — arrested in Equatorial Guinea around the same time.
The group in Equatorial Guinea were convicted and given long prison sentences, in what has been called a flawed trial, for attempting to overthrow the country’s long-time dictator Teodoro Obiang Nguema. — Sapa