Parliament to call Minister of International Relations to account for actions taken to release two SA engineers illegally imprisoned in Equatorial Guinea
21 August 2024
The families of Frik Potgieter and Peter Huxham, two South African engineers who have been unlawfully imprisoned in Equatorial Guinea for 558 days, attended a session of Parliament on Wednesday to encourage the International Relations Committee to prioritise efforts for the men’s release.
This appeal follows the United Nations Working Group on Arbitrary Detention’s formal opinion, issued on 1 July 2024, which declared Frik and Peter's arrest and continued detention illegal, calling for their immediate release.
The two men were arrested two days after South African courts seized the super yacht belonging to the Equatorial Guinean Vice President, and just shortly after two of his Cape Town luxury homes were impounded. The seizures followed a separate court ruling in South Africa that had nothing to do with Frik and Peter.
Sonja Potgieter, Frik’s wife, and Kathy McConnachie, Peter’s life partner, were present at today’s meeting of the International Relations Committee, where the Democratic Alliance tabled a request for the Committee to include a formal hearing with the families in its programme for this term, and to invite DIRCO, the Minister and DG to Parliament to account for what steps Government are taking to secure their release.
The chair of the Committee, Supra Mahumapelo, welcomed the families’ presence and confirmed that the matter would receive urgent attention. The chair confirmed that the Committee would write to the Minister and invite him and the Department to Parliament to address this matter in Parliament.
After the session, the women stated: “We are so pleased that the Committee has agreed to table Frik and Peter’s tragic case, and so deeply grateful. Frik and Peter are innocent. Their only ‘crime’ is being South African. They were simply in the wrong place at the wrong time.
“The fact that the matter will be on the Parliamentary programme is extremely important. We need to know that our government is prioritising the human rights of its citizens. Specifically, we want to know what concrete steps are being taken to secure Frik and Peter’s immediate release. Why has there been no diplomatic action against Equatorial Guinea since the UN ruling? What is being done to ensure regular visits and to bring our beloved men home as quickly as possible? We need answers.”
To garner support for Frik and Peter’s release, and to share their story, the families launched a petition in June this year, which has collected 11 000 signatures. They also launched a website and social media channels to update the public on their case and on efforts to secure the men’s release.
Background to illegal detention of Frik Potgieter and Peter Huxham in Equatorial Guinea
On 9 February 2023, two innocent South African engineers, Frederik (Frik) Potgieter (54) and Peter Huxham (55) were arrested in Equatorial Guinea on trumped up drug trafficking charges. Peter and Frik, who both work for Dutch oil and gas company SBM Offshore in Equatorial Guinea had just completed a 5 week rotation in the country, and were due to fly home to South Africa the following day.
What Frik and Peter didn’t know was that just two days before their arrests, South African courts seized a luxury super yacht belonging to Equatorial Guinea’s Vice President, Teodore Nguema Obiang Mangue. Earlier, the SA courts had also seized the Vice-President’s two luxury Cape Town villas (Clifton and Bishops Court). These assets were impounded following a court ruling in South Africa on a separate matter, completely unrelated to Peter and Frik. The Vice President of Equatorial Guinea was furious with South Africa, as was noted on his social media posts during the time of Frik and Peter’s arrests.
On 1 July 2024, the United Nations Working Group on Arbitrary Detention issued a formal opinion and concluded that Frik and Peter’s arrests and detention are arbitrary and illegal and called for their immediate release. 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. 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.
Frik and Peter’s ‘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 Peter or Frik, or that indeed they were drugs. It was alleged that the drugs were found in their luggage, but this is not true. 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.
The men each received a 12-year prison sentence, and are being held in a prison reserved for political prisoners in Mongomo, Equatorial Guinea. They were also ordered to pay USD $5 million each in damages, and additional fines to be shared between them. The sentences were based on outdated penalties for the alleged crimes, indicating an unsettling departure from the country’s new Criminal Code. Needless to say, an appeal has been lodged against the manner in which the court case was handled, as well as against these enormously high sentences. To date, no further action from EG has taken place in respect of the appeal.
Even though the super yacht has been released, the villas remain impounded in South Africa, and the men remain in prison in Equatorial Guinea for over 18 months now. It is evident that these innocent men are caught in the diplomatic and political crossfire between South Africa and Equatorial Guinea. They were simply the wrong nationality, at the wrong place, at the wrong time.
Frik and Peter are beloved husbands, fathers and grandfathers. They are both highly experienced and professional engineers who have maintained an impeccable professional record in the oil and gas industry, both in Equatorial Guinea and abroad in other countries. Although working for the same company for 11 and 15 years respectively, the men had not met prior to their arrest, and they were working on two separate vessels. They have received numerous accolades over the years for their achievements and commitment to mentoring young people at work, mainly local Equatorial Guinea employees. Both men are deeply respected and valued within their families, church groups and communities.
The families of Frik and Peter are devastated and growing more distraught as the months pass since they last saw them.
The Department of International Relations (DIRCO’s) consular desk has managed to arrange just three visits by their officials to the men in the past 18 months, and two calls to each of their partners. Another visit was arranged by the UK High Commissioner, as Peter holds dual UK/SA citizenship, where Peter was granted a brief call to his life partner of 30 years, Kathy McConnachie. On 17 August 2024, the men’s employer, SBM Offshore, arranged a visit, and the families were both able to speak on the phone to Frik and Peter.
Article 36 of the Vienna Convention on Consular Relations, 1963 expressly states that countries be granted access to detainees in other countries. Again, both Equatorial Guinea and South Africa are signatories for the Convention, however, South African consular authorities have, despite numerous requests, found it challenging to secure visits.
On 5 May 2024, Naledi Pandor, Minister of International Relations and Cooperation for South Africa, visited Equatorial Guinea to seek the release of Frik and Peter. She met 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. She returned to South Africa on 7 May 2024.
As per the Minister’s media statement on her return to South Africa: “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.” Subsequent to Pandor’s visit, there has been no substantive communication from DIRCO as to the outcome of the visit, or next steps.
In Daily Maverick on 22 July, Peter Fabricius wrote in Daily Maverick that the President of Equatorial Guinea had made it very clear to former Minister Pandor that Frik and Peter would not be released until the Vice President’s seized luxury homes in Cape Town were returned to him. This information has never been directly communicated to the families by DIRCO or the Minister’s office.
The families would benefit deeply from regular structured engagement with the Department, to be informed of Government’s plan of action to secure the immediate release of Frik and Peter, to establish Government’s response to the UN decision, and to ensure that consular visits are being sought and secured as per the Vienna Convention. Securing the freedom and protecting the human rights of two South African citizens requires that Government prioritise this matter and act with deliberate speed and dedication.
UK Government: Given that Peter Huxham is a dual South African / United Kingdom citizen, the families are currently engaging with the British Government on this matter. The families believe it is imperative that the UK and South African Governments work closely together to secure Frik and Peter’s release. The families therefore respectfully require regular feedback from the Government regarding collaboration and efforts.
In order to raise the profile of this matter, and seek support, the families of Frik and Peter launched an online petition, website and social media profiles on Facebook, X and LinkedIn in June this year.
Website: https://www.freefrikandpeter.co.za/
Petition with 11 000 signatures
Social media:
On X/Twitter - https://x.com/frikandpeter
On Facebook - https://www.facebook.com/frikandpeter
On LinkedIn - https://www.linkedin.com/company/frikandpeter
Issued by families of Frik Potgieter and Peter Huxham, 21 August 2024
