Most of the alleged mercenaries are South African
|
Zimbabwe has appealed against the early release of 62 suspected mercenaries linked to a coup plot in Equatorial Guinea, according to the men's lawyer.
The men were travelling on South African passports when they were arrested last year at Harare airport.
Last week, a court reduced their jail terms, meaning they could be released.
But Sobuza Gula-Nadbele, Zimbabwe's attorney general has now asked the Supreme Court to overturn the ruling on the grounds that they are foreigners.
The Zimbabwe authorities said the group were en route to Equatorial Guinea last March to overthrow President Teodoro Obiang Nguema Mbasogo in the oil-rich country.
'Grabbing at straws'
Under Zimbabwean law, prisoners can qualify for early release if they have been well behaved.
"In our view, the suspended sentence is for locals, people who are under Zimbabwean jurisdiction... but in relation to foreigners, that becomes superfluous," Mr Gula-Nadbele told SABC radio.
Alwyn Griebenow, a lawyer for the jailed South Africans, said Zimbabwean government lawyers were just "grabbing at straws".
The 12-month sentences the men were given for violating Zimbabwe's immigration laws were reduced by four months on appeal by the High Court last Wednesday.
The men were expected to be allowed home imminently.
Correspondents say the men could face rearrest on their arrival in South Africa.
In 1998, the country passed a law forbidding its citizens from engaging in military activities beyond its borders without official permission.
Criticism
The alleged ring-leader of the plot, Briton Simon Mann and the two pilots of the plane are not due for release, as they were given longer sentences.
Mr Mann's seven-year sentence for trying to buy weapons was reduced to four years by the High Court and the pilots' 16-month jail terms have been cut to 12 months.
In Equatorial Guinea, 14 other people have been found guilty of charges linked to the coup plot, including plot leader Nick du Toit who received 34 years.
Sir Mark Thatcher, the son of the former British prime minister, appeared in court in South Africa last month to answer questions over his role in an alleged coup plot in Equatorial Guinea in West Africa.
He was given a suspended jail term and fined after agreeing a plea bargain to help investigators.
The conduct of the trials in Zimbabwe and Equatorial Guinea were criticised in the West, amid allegations of torture and forced confessions.