It is unclear whether the 62 alleged mercenaries jailed in Zimbabwe will return to South Africa on Friday, their lawyer, Alwyn Griebenow, said from Harare on Thursday.
The men were supposed to have been released from Chikurubi maximum-security prison outside Harare when their sentences expired on Tuesday.
They have served 12 months for violating Zimbabwe’s immigration, aviation, firearms and security laws.
The group was then due to be released early on Thursday, but this was delayed due to transport and security concerns by Zimbabwean immigration officials.
”We offered to supply a bus to bring them back, but it has been turned down because they say they are a security risk,” Griebenow said.
The group will be brought to South Africa via the Beitbridge border post by transport organised by immigration officials.
Wives and girlfriends of the men said on Thursday they will make their way to the border once the group has been released.
”I’m waiting on tenterhooks. As soon as I know when they are coming back, I’m driving up to meet them,” said Simon Witherspoon’s girlfriend, Anne, from Pietermaritzburg.
Karen Harris, the fiancée of one of the men, from Johannesburg said: ”I’m very excited and nervous. But I’m also a bit scared because the time is ticking on; I don’t know if they’ll be here today [Thursday].”
Marge Pain, wife of Kenneth Pain (61), said she is not surprised that her husband is still in prison.
”I don’t even know why I get shocked sometimes. But it is really not surprising,” she said
”This waiting is so soul destroying,” she said in Musina near the Beitbridge border post. ”I don’t know what is going on. I don’t know what they [Zimbabwean officials] are trying to prove.”
She was waiting for her husband’s return with her mother, sister, daughter, cousin and eight-year-old grandson, Justin.
”And here Justin sits — I even took him out of school again — thinking he is going to see his oupa [grandfather]. They are so close; this is terrible.”
She said she has organised a pass to meet her husband on Monday in case he is not released before the time.
No arrests
Meanwhile, the National Prosecuting Authority (NPA) said the men will not be arrested on their return, but the Scorpions are probing whether they have contravened the Regulation of Foreign Military Assistance Act.
If so, they will face prosecution.
”We will speak to them when appropriate … They’ve been in jail for a year and want to see their families. Their families want to see them,” NPA spokesperson Makhosini Nkosi said on Thursday.
”We have contact with their lawyer and know where to find them. So why would we want to arrest them?”
South African ambassador Jerry Ndou said the men will leave Harare after the completion of all their immigration procedures.
Zimbabwe’s chief immigration officer is personally handling the men’s deportation.
Their early release in March after a reduction of their sentences was thwarted by an appeal by Zimbabwean Attorney General Sobuza Gula-Ndebele. He argued that early releases only applied to Zimbabweans. Leave for the appeal was granted, but it has not been heard yet.
Two of the men due for release on Thursday — Francisco Marcus and Melane Moyodue — are ill with tuberculosis, believed to have been picked up in prison.
Accusations of mistreatment of the prisoners have also surfaced, with Griebenow saying their living conditions were ”horrible”.
Their prison food has been a spoon of cabbage and a spoon of porridge a day, they have slept on the floor, and sometimes weeks have gone by without running water, he said.
The men were 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 at about the same time.
The men said the equipment found in their possession was to be used to guard mines in the Democratic Republic of Congo.
The group in Equatorial Guinea was convicted and given long prison sentences for trying to overthrow the country’s long-time dictator, Teodoro Obiang Nguema. — Sapa