Statement on the Possible Extradition of South African Nationals by Zimbabwe to Equatorial-Guinea

The South African Government has noted the recent decision by the Zimbabwean authorities to include Equatorial Guinea on its list of extradition countries, with implications for the 70 South Africans detained in Zimbabwe on allegations of a coup plot.

The current legal position with regard to the matter is as follows:

1. Both Zimbabwe and Equatorial Guinea are independent, sovereign states with the necessary legal capacity to take decisions regarding matters that may affect their states.
2. Both Zimbabwe and Equatorial Guinea are parties to the OAU Convention for the Elimination of Mercenarism in Africa which provides in Article 8 that: "Each contracting State shall undertake to take such measures as may be necessary to punish, in accordance with the provisions on Article 7, any person who commits an offence under Article 1 of this Convention and is found on its territory if it does not extradite him to the State against which the offence has been committed."
3. Article 9(2) of the aforesaid Convention states as follows that "A request for extradition shall not be refused unless the requested state undertakes to exercise jurisdiction over the offender in accordance with the provisions of Article 8".
4. There is no legal basis for South Africa to demand that its nationals should not be extradited to another country. In this regard, however, South Africa will continue to offer consular assistance to the South Africans detained in both Zimbabwe and Equatorial Guinea.
5. At this stage however, the South African mission in Zimbabwe has not been officially informed of the intention by the Zimbabwean authorities to extradite the 70 South Africans detained in the country to Equatorial Guinea to face charges.
   

Issued by Ronnie Mamoepa at 082-990-4853

Department of Foreign Affairs
Private Bag X152
Pretoria
0001

29 April 2004