The Constitutional Court yesterday dismissed an appeal by 69 South Africans held in Harare against a judgment by the Pretoria High Court in June that the government be compelled to assist them.

The men are being held on charges of plotting a coup in Equatorial Guinea and had since pleaded guilty before a special court in a Harare prison to various violations of Zimbabwe's immigration, firearms and security laws.

The men are currently awaiting sentence.

Chief Justice Arthur Chaskalson yesterday said the judges could be divided into three groups, but all held that the claim as formulated by the men demanding their rights under the South African constitution was misconceived.

"They also hold that the claim that steps be taken as a matter of urgency by the South African government to seek the extradition of the applicants from Zimbabwe (to South Africa) must be dismissed." – Sapa.