Equatorial Guinea VP’s super yacht seized by South Africa
On 7 February 2023, the Vice President of Equatorial Guinea, Teodore Nguema Obiang Mangue (known as Teddy)’s super yacht is seized by SA authorities. Prior to this, SA had seized two of his luxury villas in Cape Town.
The seizures followed a court ruling in SA on a separate matter, unrelated to Frik and Peter. This incited Teddy’s outrage against SA, as evident in his social media posts.
Even though the super yacht was subsequently released, the villas remain impounded, and Frik and Peter remain in prison.
Frik and Peter unlawfully arrested in Equatorial Guinea
On the night of February 9 2023, two South African
engineers, Frik Potgieter (54) and Peter Huxham (55), who is a dual SA UK citizen, checked into their hotel in Malabo, Equatorial Guinea. They were scheduled to return home to South Africa the next morning after a five-week work rotation for their employer, SBM Offshore. Frik and Peter had never met. That evening, they were separately summoned to the hotel reception, where they were arrested on fabricated drug trafficking charges. Frik and Peter were innocent, yet their lives were about to be turned upside down, just because they were South African.
These two innocent men were imprisoned, first at the infamous Black Beach prison, and then moved to a prison reserved for political detainees in Mongomo, to await their trial. It’s clear Frik and Peter are political pawns, being held as state hostages in retaliation for South Africa’s seizure of the Vice President of Equatorial Guinea’s luxury assets. They are caught in the diplomatic cross-fire between South Africa and Equatorial Guinea.
Employer and families step in to secure their release
Frik and Peter are exceptionally well-respected and valued employees,
and are deeply loved by their families, communities and church groups. They have unblemished records, both at work and in their personal lives. Everyone is devastated by their arrests.
Their employer immediately assembles an international team of experts to ensure Frik and Peter defence and to provide daily support to the families
Frik and Peter’s sham trial
Their ‘court case’ in June 2023 in Equatorial Guinea was a farce. No credible evidence, witnesses, or expert testimonies were presented to the court by the State, nor was any proof presented that the alleged drugs were found on the two men, or that indeed they were drugs.
It was alleged that the drugs were found in their luggage, however, their luggage, combination-locked and unopened, was still in their rooms five days later, when their employer collected them in the presence of hotel management and the local police.
Shocking sentences
Despite the lack of evidence, a sham trial, and the fact that Frik and Peter are innocent, both received a 12-year prison sentence and were each fined US $5 million, with additional penalties. The extreme sentences handed down are also a violation of Equatorial Guinea’s new Criminal Code, which provides for a maximum sentencing period of 3 years, and are based on outdated laws.
The families’ lawyers have lodged an appeal against the court proceedings and the excessive sentences. However, to date, no further action has been taken by the Equatorial Guinea government or justice system regarding the appeal. Frik and Peter remain in prison under difficult conditions.
First visit of SA consular service to Frik & Peter
On 20 July 2023, the South African consular services in Equatorial Guinea were granted a first visit to Frik and Peter, more than 5 months after they were arrested.
First visit of UK consular service to Peter
On 14 September 2023, the UK consular office in Equatorial Guinea is granted a visit, during which Peter (a dual SA and UK citizen) is allowed to call Kathy, his life partner of 30 years. He asks her to marry him on that call, she says yes.
Second visit of SA consular service to Frik & Peter
On 15 October 2023, the South African consular office in Equatorial Guinea is granted a second visit to Frik and Peter, more than 8 months after they were arrested, and 3 months after the previous visit. Frik and Peter have lost more than 25 kg each. For the first time, Frik is allowed to speak to his wife, Sonja. Peter also speaks to his fiancée, Kathy.
One year as state hostages of Equatorial Guinea
Frik and Peter remain unlawfully detained in Equatorial Guinea for a crime they didn’t commit. The Vice President of Equatorial Guinea continues to seek the return of his villas from South African authorities.
It appears that the detentions of Frik and Peter are arbitrary under the UN’s Human Rights law, and a violation of the UN Hostage Convention.
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 (hereafter referred to as the “hostage”) 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 offense of taking of hostages (“hostage-taking”) within the meaning of this Convention.” Both South Africa and Equatorial Guinea are parties to the UN Hostage Convention.
Third visit of SA consular service to Frik & Peter
Five months after the last visit, on 20 March 2024, the South African consular office in Equatorial Guinea is granted a third visit to Frik and Peter, who are able to call Sonja and Kathy.
SA Minister of International Relations and Cooperation visits Equatorial Guinea
Naledi Pandor, Minister of International Relations and Cooperation for South
Africa, visits Equatorial Guinea to plead for the release of Frik and Peter. She meets with her counterpart, Simeon Oyono Esono Angue, the Minister of Foreign Affairs, International Cooperation and Diaspora, as well as Teodoro Obiang Nguema Mbasogo, the President of Equatorial Guinea (Teddy’s father).
On her return to South Africa, the Minister releases a short statement, which
says: “Minister Pandor took advantage of her presence in Equatorial Guinea to raise with the authorities South Africa’s concerns regarding the incarceration of two South African citizens in the country. The Minister reiterated South Africa’s plea to the government of Equatorial Guinea for the release of the incarcerated South African citizens. Engagements on this matter are continuing.”
Held in violation of Vienna Convention
Article 36 of the Vienna Convention on Consular Relations, 1963 expressly states that countries be granted access to detainees in other countries. Both Equatorial Guinea and South Africa are signatories to the Convention, however, despite numerous requests, Equatorial Guinea has restricted consular visits and access to defence lawyers to Frik and Peter, in breach of the Vienna Convention.
The SA Department of International Relations (DIRCO’s) consular desk has managed to arrange just three visits by their officials to the men since their arrests, and two calls to each of their partners.
Another visit was arranged by the UK High Commissioner, where Peter was granted a brief call to his life partner of 30 years, Kathy. Peter asked Kathy to marry him on that call. Of course she said yes.
During visits by the SA and UK consular authorities, it was noted that Frik and
Peter had lost a tremendous amount of weight. The families remain concerned about their health and wellbeing, especially since they both suffer from chronic illnesses.
