‘Harare 70’s’ families in last-ditch court bid to bring men home

JOHANNESBURG – The families of suspected mercenaries held in Zimbabwe on coup-plotting charges went before South Africa’s highest court yesterday to make a last desperate appeal to bring the men home.

The appeal to the Constitutional Court came just two days before the 70 men go on trial in Harare for allegedly plotting to overthrow President Teodoro Obiang Nguema of Equatorial Guinea. Lawyer Francois Joubert argued before the 10-judge panel that it must order President Thabo Mbeki’s government to seek the extradition of the men to save them from a possible death sentence.”This country is in a position to apply for extradition,” Joubert told the court, arguing that such a measure would prevent Zimbabwe from handing over the men for trial to Malabo where they could face the death penalty.”If it emerges that they are extradited to Equatorial Guinea, they will be at substantial risk of facing execution,” said Joubert.”We have this very real fear that should one wait until the sentence is imposed, it will be too late,” he argued.The 70 men, all carrying South African passports but whose countries of origin include Angola, Namibia, Zimbabwe and the Democratic Republic of Congo, were arrested on March 7 at Harare airport where their plane had stopped off to pick up weapons from Zimbabwe’s state arms manufacturer.The suspected mercenaries deny the coup plotting charges and contend they were en route to guard a diamond mine in the Democratic Republic of Congo.South Africa’s high court in June rejected the families’ court bid, citing lack of evidence.At yesterday’s hearing, the judges asked the lawyers to spell out their rationale for forcing the government to intervene and suggested there was no urgency, given that the Zimbabwe court had yet to hear the case or hand down a verdict.”Are you saying that this court must tell the government how to conduct its foreign affairs?” Chief Justice Arthur Chaskalson asked.Family members said they did not expect a ruling in their favour.”I am not holding out very much hope,” said Marge Payne, wife of co-pilot Ken Payne.”I think they will step in only when the death penalty comes in.”Zimbabwean authorities have charged the men with breaching the security, firearms, aviation and immigration law and they are scheduled to go on trial on Wednesday.If convicted the men could face a fine or a five-year prison term, but the real question is whether Zimbabwe will then hand them over to Equatorial Guinea for trial.The ‘Harare 70′ include Briton Simon Mann, who was allegedly to lead the alleged mercenary force to Malabo to join 15 men sent there as an advance team in the plot to topple Obiang, the veteran leader of the oil-rich country.Mann however has disassociated himself from the families’ court case against the South African government and his legal team is rumoured to be negotiating his extradition to Britain.- Nampa-AFPLawyer Francois Joubert argued before the 10-judge panel that it must order President Thabo Mbeki’s government to seek the extradition of the men to save them from a possible death sentence.”This country is in a position to apply for extradition,” Joubert told the court, arguing that such a measure would prevent Zimbabwe from handing over the men for trial to Malabo where they could face the death penalty.”If it emerges that they are extradited to Equatorial Guinea, they will be at substantial risk of facing execution,” said Joubert.”We have this very real fear that should one wait until the sentence is imposed, it will be too late,” he argued.The 70 men, all carrying South African passports but whose countries of origin include Angola, Namibia, Zimbabwe and the Democratic Republic of Congo, were arrested on March 7 at Harare airport where their plane had stopped off to pick up weapons from Zimbabwe’s state arms manufacturer.The suspected mercenaries deny the coup plotting charges and contend they were en route to guard a diamond mine in the Democratic Republic of Congo.South Africa’s high court in June rejected the families’ court bid, citing lack of evidence.At yesterday’s hearing, the judges asked the lawyers to spell out their rationale for forcing the government to intervene and suggested there was no urgency, given that the Zimbabwe court had yet to hear the case or hand down a verdict.”Are you saying that this court must tell the government how to conduct its foreign affairs?” Chief Justice Arthur Chaskalson asked.Family members said they did not expect a ruling in their favour.”I am not holding out very much hope,” said Marge Payne, wife of co-pilot Ken Payne.”I think they will step in only when the death penalty comes in.”Zimbabwean authorities have charged the men with breaching the security, firearms, aviation and immigration law and they are scheduled to go on trial on Wednesday.If convicted the men could face a fine or a five-year prison term, but the real question is whether Zimbabwe will then hand them over to Equatorial Guinea for trial.The ‘Harare 70′ include Briton Simon Mann, who was allegedly to lead the alleged mercenary force to Malabo to join 15 men sent there as an advance team in the plot to topple Obiang, the veteran leader of the oil-rich country.Mann however has disassociated himself from the families’ court case against the South African government and his legal team is rumoured to be negotiating his extradition to Britain.- Nampa-AFP