A YEAR OF DETENTION
Anguished families believe ICJ case shows SA has power to get two engineers released from Equatorial Guinea
The families of Frederik Potgieter and Peter Huxham say the two men were arrested in revenge for SA courts seizing the property of Equatorial Guinea’s vice-president.
The families of two South African engineers detained in Equatorial Guinea a year ago believe the South African government’s genocide case against Israel at the International Court of Justice shows it has the “authority, leadership and capabilities” to get the two men released.
On 9 February, Frederik (Frik) Potgieter (54) and Peter Huxham (55), a dual SA-UK citizen, will have been in detention in Equatorial Guinea for a year on what they insist are trumped-up charges.
They believe that though they were ostensibly detained for illegal drug trafficking, the real reason was retaliation for South Africa seizing two luxury properties and a superyacht belonging to Equatorial Guinea’s vice-president, Teodoro Nguema Obiang Mangue.
“Unfortunately, two innocent men have been caught in the ‘crossfire’,” said Shaun Murphy, the spokesperson for the Potgieter family.
“Frik and Peter are both highly experienced and professional engineers who were working for the Dutch company SBM Offshore in Equatorial Guinea at the time of their arrests,” he added.
“They have both maintained an impeccable professional record in the oil and gas industry, both in Equatorial Guinea and abroad in other countries.
“The families of Frik and Peter are devastated and growing more distraught as the months pass since they last saw them.
“They are also deeply disappointed that the South African government has not sought to prioritise the illegal and arbitrary detention of two of its citizens over its current high-profile international diplomacy efforts.
“Frik and Peter are hostages being held by a foreign power. These two men are in the situation that they are in because of an international dispute between South Africa and Equatorial Guinea.
“Frik and Peter were simply in the wrong place at the wrong time. Judging by events over the past month, specifically at the International Court of Justice, it is very clear to us that the Department of International Relations and Cooperation (Dirco) has the authority, leadership and capabilities required to intervene on an international level.
“The sad reality, however, is that they have done very little to assist their own citizens, and besides being heartbreaking, this alone should be of grave concern to any South African who travels for work,” Murphy said.
Dirco’s consular desk has managed to arrange just two visits to the men in the past year, and one call to each of their partners. Another visit was arranged by the UK high commissioner, when Huxham was granted a brief call to his life partner of 30 years, Kathy McConnachie. Huxham asked Kathy to marry him on that call.
Read more in Daily Maverick: Families of SA engineers ‘wrongfully’ jailed in Equatorial Guinea urge Pretoria to get them home for Christmas
The two men were arrested at their hotel in Malabo, Equatorial Guinea, on 9 February 2023, the night before they were due to fly back to South Africa following a five-week work rotation.
Kathy McConnahie (65) shows memories during an interview about her partner, Peter Huxham (55), at her home in Langebaan on 1 February 2024 in Cape Town, South Africa. (Photo: Gallo Images / Rapport / Edrea du Toit)
Jolene Potgieter (23) during an interview about her father, Frik Potgieter, on 1 February 2024 in Cape Town, South Africa. (Photo: Gallo Images / Rapport / Edrea du Toit)
Irregularities in trial
Their families say the two are being held in a prison reserved for political prisoners in Mongomo. They each received a 12-year sentence, a main fine of $5-million and additional fines to be shared between them, “for trumped-up drug offences”, Murphy said.
“The sentence and fines are much higher than what the current Equatorial Guinea law allows. Their trial, marked by numerous irregularities, took place in June 2023.
“The sentence and fines were based on outdated penalties for the alleged crimes, indicating an unsettling departure from the country’s new Criminal Code.
“No witnesses or expert opinions were presented to the court by the prosecutor, nor was any proof presented that the alleged drugs were found on the two men, and further, the nature of the alleged drugs was not tested, or conclusively proven.”
The family is convinced that the real reason for the arrests was the seizure in Cape Town of Vice-President Obiang’s luxury villas and a superyacht called Blue Shadow which he is also believed to own. Potgieter and Huxham were arrested two days after the seizure of the yacht.
Their families believe the detentions were arbitrary under the UN’s Human Rights law and a violation of the UN Hostages Convention. They have received expert legal advice that the two men are victims of hostage-taking and that Obiang and other officials could be pursued for this offence.
They noted that Article 1 of the International Convention Against the Taking of Hostages, 1979, states: “Any person who seizes or detains and threatens to kill, to injure or to continue to detain another person … in order to compel a third party, namely, a State … to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage commits the offence of taking of hostages…”
Both South Africa and Equatorial Guinea are parties to the UN Hostages Convention.
“The arbitrary detention of individuals is a direct violation of fundamental human rights, including the right to liberty and security of person, as enshrined in international law,” said a member of the families’ legal team.
“The United Nations Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights explicitly safeguard individuals from arbitrary arrest and detention.”
The legal team for the two men said that Article 36 of the Vienna Convention on Consular Relations expressly states that countries be granted access to detainees in other countries. Again, both Equatorial Guinea and South Africa are signatories to this convention.
The legal expert said that the Hostages Convention clearly linked the obligation of states not to arbitrarily detain individuals with the act of hostage-taking.
They said the arrest of Potgieter and Huxham was “unlawful and/or arbitrary since their conviction and sentence fell short of the most basic of fair trial guarantees; for example, their counsel was impeded from effectively representing them and putting forward an effective defence”.
“Also, the verdict did not take into account the clear gaps in the evidence (lack of forensic evidence; lack of chain of custody evidence), which provides some indication that the detentions were carried out for a bad faith purpose or as part of a misuse of power which was unconnected to the rationale for detention (drug offences) relied upon by the government. And the sentence issued was not in accordance with the law.”
Clayson Monyela, spokesperson for the Department of International Relations and Cooperation, said the government’s ICJ case and its efforts to secure Potgieter and Huxham were not comparable.
“They are two completely different matters and sets of circumstances… both attended to by relevant government teams equipped with relevant and applicable skills. Our Consular Services team maintains contact with the two families.”
Asked if the government was making progress in securing the release of the two men, he said that was “ongoing work”. DM
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Why undermine the judiciary of another African state? South Africa can’t meddle in drug cases, we have a country to run.
It is the duty of ZA to do everything it can to ensure its citizens’ rights are not violated, wherever in the world they may be.
Well this drug dealers violated the rights of the host country by dealing in drugs in that country which is against that countries laws
If they did then of course they need to pay the price.
What interests me is that you make a firm statement in your comment: They are guilty.
Do you know this 100%, and if so how do you know?
Well according to reports and, the courts found them guilty and sentenced. They are convicts as we speak
Loath as I am to steal another commenter’s material but, “Hahahahahaha!”
You’re welcome to share
Ah so you’re not saying they got a fair trial, because you have no idea.
…no surprise there then.
Hypocrite
UK must do something for their citizens.
If they aren’t, it means there is something fishy and SA can’t go and assist nefarious people.
SA, on many times, they did stand by their people that are mistreated overseas so,let’s ask ourselves, why not these ones?
Why it needs Daily Maverick to write a whole page of nothing in am attempt to related the dying of children in Palestine with these2 people we don’t know
what are you rambling about?
South African foreign policy does not recognise drug dealers
Honestly, if it was your father in the same situation would you maybe care more? Make no mistake, international miscarriages of justice can affect any one of us or our families and it is critical that our government takes care of all our people, regardless of race or religion.
They should hire private lawyers then, their skin complexion is not a privilege anymore.
My word, so many serious issues there. Hard fall on the head maybe?
The question is who would be prepared to bribe the ANC to make this happen?
They should rot in jail
You are a sad, bitter and misguided individual. Shame.
drug dealers destroy nations, it’s you who is misguided, going about defending drug dealers
And there it is; the usual Vic 1+1=-25
There are none so blind….
Black and white should be seen in the past, the black and white of the present is people of diverse nationality who will take this country forward.
Now this is a statement I agree with. I just wish all my brothers did, we would all be so much better off.
The complex issue here is we don’t get information on the dutch country whose company’s employees were detained.
The foreign affairs office is the first line of contact for the families and needs to assist them through the dutch consulate but the case will be easier if dealt with the dutch country.
The company should be doing business there through mutual understanding between the two countries where terms and details will be outlined.
A prayer for the families to get their loved ones back.
There are a lot of disturbing rumours on how that country treats its own people by the dictator family.
The father is the president and the son deputy president.
They are South African Citizens, their first line of contact is their consulate/embassy. The Dutch embassy cannot intervene on their behalf as they are not Dutch citizens irrespective of whether or not they work for a Dutch company
Nope, you are wrong, our government don’t have mercenaries in that region, we are concentrating on saving the Palestinians from apartheid israel
Have you considered joining up as a freedom fighter? Or do you feel more comfortable making your tedious bigotted bleating sounds from the safety of the sidelines.
They are comically if sadly misinformed if they believe “the Department of International Relations and Cooperation (Dirco) has the authority, leadership and capabilities required to intervene on an international level.”
Neither the ANC or the UN has the slightest interest in what an African dictatorship is up to, especially if the victims are white. The campaign they refer to was prefaced on the subjects being Jews.
You really think that the corrupt ANC government is going to help 2 white guys, after the corrupt ANC thugs have stolen property and a super yacht from the country’s vice president???? Sorry to say, It’s not going to happen unfortunately! The corrupt ANC government only supports terrorism, looting, thugs, gangsters and anybody willing to destroy the country.. The corrupt ANC government doesn’t support, law abiding citizen or anyone that is innocent!!!
We dont care about white/black drug dealers
Duh. Classic Vic.
…sadly there’s a Vic born every minute.
Yet another fracked up day in Africa. The ruling elite of Equitirial Guinea gorging themselves and spending public money on luxury assets in a foreign country when the majority of the population live in poverty.
This pattern of Black elites across Africa who squander public money is utterly detestable and shows how morally bankrupt most of these politicians are; yes you the ANC elites too.
And as ever the drivel from DIRCO is all about them and NOT about doing what ought to be done. You can’t tell me these idiots and the dictatorial despots of EQ can’t come to some deal with a few padded brown envelopes.
TIA
This case does not grant the ANC favour with their best friends: Iran, Russia, and China, so it will not be prioritised.
An illuminating experience for me.
Unfortunately it’s all about votes. If you dont represent a significant voting block they will not respond.
Now they want Naledi to assist criminals
This government going in to fight for two highly skilled but white SA males? Dream on. I’m desperately sad for their families, but the will get NOTHING from DIRCO and the ANC.
Are you saying because these two fellows are white and are professional they are immune from being held accountable? These two white and highly skilled men, as you put it, have been convicted of dealing in drugs by a SOVEREIGN nation- what does this have to do with the ANC?
Read it honestly Tumelo. He is saying that in his perception our government is not concerned about white South Africans.
Is he right?
I don’t know, but what I do know is that if our country is to have any chance at all we all need to drop the racist focus and work together. Colour cannot sensibly be used as a measure of right and wrong
Remember we can’t change the past, but we can change the future and make it better. Together.
UK must do something for their citizens.
If they aren’t, it means there is something fishy and SA can’t go and assist nefarious people.
SA, on many times, they did stand by their people that are mistreated overseas so,let’s ask ourselves, why not these ones?
Why it needs Daily Maverick to write a whole page of nothing in am attempt to related the dying of children in Palestine with these2 people we don’t know
Mkili – this is not an either or situation. The human rights of all humans around the world should be helped.
If they are indeed drug dealers then they deserve what they get, but if it is in any way in doubt then our government should be doing everything in its power to protect their human rights, and those of any of our citizens in situations where their human rights are being violated.
Why? Because it is the right thing to do.
We ALL need to start holding ourselves to a higher standard.