SA rejects 'mercenaries' appeal

The men in prison in Zimbabwe may be extradited to Equatorial Guinea

A South African court has rejected a case brought against the South African government by the families of 70 alleged mercenaries held in Zimbabwe.

The judge said there was not enough evidence to force the government to seek the extradition of the men.

The men are accused of plotting a coup in Equatorial Guinea in March - a charge the men deny.

Families of the men wept in court on hearing the verdict; they fear the men could face the death penalty.

They had wanted the men to stand trial in South Africa instead, where the constitution forbids the death penalty.

Devastated

Pretoria High Court Judge Bernard Ngoepe dismissed the case with costs.

"It is not for us to decide where they must stand trial," said Justice Ngoepe according to Reuters news agency.

They were pinning all their hopes on this. We now have to face them and give them this devastating news Wife of suspected mercenary Lynn Paine

Francis Joubert, the lawyer representing the family expressed disappointment with the ruling, and said they would appeal.

"We shall be seeking leave to appeal to the Constitutional Court. It could take weeks."

The Zimbabwean authorities have begun legal moves to have the alleged mercenaries extradited to Equatorial Guinea, where another group is being held on suspicion of being involved in the same plot.

"They were pinning all their hopes on this. We now have to face them and give them this devastating news," Lynn Paine, wife of one the men, told AFP news agency after the ruling.

One of those in custody in Equatorial Guinea, a German national, has died of cerebral malaria, the country's state radio reported today.