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SA passed intelligence to Zim on alleged mercenaries: Lekota

25th May 2004

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Defence Minister Mosiuoa Lekota on Monday confirmed "some intelligence" information had passed between South Africa and Zimbabwe before the 70 South African alleged mercenaries left the country.

The men were arrested after their plane landed in Zimbabwe about a month ago.

They are suspected of having been on their way to take part in a coup in Equatorial Guinea, where eight other South Africans are now being held as suspected co-plotters.

Briefing the media at Parliament, Lekota rejected suggestions the men should have been arrested in South Africa before being allowed to leave for Zimbabwe, saying arrests could not be made on the basis of intelligence.

Arrests could only be made once there was evidence a crime had been committed.

Lekota said a delegation from Equatorial Guinea, led by its attorney-general Jose Obono, visited South Africa last week for consultations with various government agencies, family and legal representatives of the eight men held there.

Efforts were being made to bring the prisoners to court as soon as possible in the presence of international observers, with a view to ensuring a fair trial for them, he said.

All those detained had been visited several times by South African diplomats, led by the ambassadors in Gabon and Zimbabwe, in line with requirements of the Geneva Convention and South African law.

These consular visits would continue at regular intervals, and South African officials would help the men and their families wherever possible.

On efforts by family members to have the men extradited directly to South Africa, Lekota said it should be appreciated that government had not received any official notification of the intention by Zimbabwe to extradite the 70 South Africans to Equatorial Guinea.

Nonetheless, South Africa would not shirk its responsibilities in ensuring the prisoners were afforded their rights in terms of the Geneva Convention, and in line with the Constitution, and that the trial they faced would be fair and within the norms of international law.

Lekota said government would not entertain speculation about the possible outcomes of the trials, as this might pre-empt the judgements by the respective courts.

Only once judgement was delivered would government engage with the process.

He also dismissed "with the contempt it deserves", and as ridiculous, opposition party claims that government was "an accessory" to the matter.

Meanwhile, the Democratic Alliance has repeated its concern that the men will not receive a fair trial in Equatorial Guinea.

"We are also concerned by the fact that the minister confirmed that the government hosted a delegation from Equatorial Guinea to assist with legal proceedings in that country," DA spokesman Douglas Gibson said.

This was in direct contrast with the recommendations made by Jan Henning, of the National Prosecuting Authority, that South Africa should take no part in legal proceedings in that country as there was no chance a fair trial could take place there.

Gibson called on government to clarify whether Henning's recommendations had been disregarded, and if so on what basis, and what specific conditions had changed for the better in Equatorial Guinea to lead the government to conclude that a fair trial could take place there.

"The DA repeats that it condemns mercenary activity, but all accused persons are entitled to a fair trial and must be presumed innocent until guilt is proven," he said. - Sapa
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