Last Update: Wednesday, June 9, 2004. 10:40pm (AEST)
A South African court has denied a request to bring 70 men held by Zimbabwe as suspected mercenaries home to face trial, rejecting lawyers' arguments they will not get a fair hearing in Harare.
Pretoria High Court Judge President Bernard Ngoepe said the demand for an official extradition request by defence lawyers exceeded the court's jurisdiction.
He said that the matter should be left to the South African and Zimbabwe governments.
"There is no evidence that the Government has done nothing in resolving the matter," he said.
"It is not for us to decide where they must stand trial."
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http://www.abc.net.au/news/newsitems/s1128423.htmZim 70: Families devastated
09/06/2004 10:50 - (SA)
Pretoria - The families of 70 South African men held in Zimbabwe were on Wednesday devastated by the Pretoria High Court's ruling that it would not force President Thabo Mbeki's government to help bring the men back.
Lynn Paine, wife of flight engineer Ken Paine, who was among the 70 arrested in Harare on March 7, said the ruling now gave Zimbabwe a free hand to decide the men's fate.
"They can do what they like with them now," she said.
Paine said she would be in the Zimbabwean capital Harare on Thursday, where the 70 men are to appear for a custody hearing. The Zimbabwean judge may decide to set a court date at the hearing.
"They were pinning all their hopes on this. We now have to face them and give them this devastating news," she said.
Constitutional Court
But the judge disagreed with the families' contention that the South African government was not fulfilling its obligation to protect its nationals.
Lawyer Francois Joubert, representing the families, said they would probably appeal the decision at the constitutional court.
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http://www.news24.com/News24/South_Africa/News/0,6119,2-7-1442_1539908,00.html