One year since two South African engineers were illegally arrested in Equatorial Guinea 

7 February 2024

9 February (Friday) marks one year since two South African engineers, Frederik (Frik) Potgieter (54) and Peter Huxham (55 and a dual SA / UK citizen) were arbitrarily detained in Equatorial Guinea.  It is believed that their detentions, under the guise of illegal drug trafficking, are in retaliation for South Africa seizing the two luxury properties and a super yacht belonging to the country’s Vice-President, Teodore Nguema Obiang Mangue (Teddy for short). Unfortunately two innocent men have been caught in the ‘crossfire’.

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.  They have both maintained an impeccable professional record in the oil and gas industry, both in Equatorial Guinea and abroad in other countries. 

Frik and Peter 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 5-week work rotation.  Although working for the same company for 11 and 15 years respectively, the men had not met prior to their arrest, as they were working on two separate vessels. 

They are being held in a prison reserved for political prisoners in Mongomo, having received a 12-year sentence, damages of USD 5 million each and additional fines to be shared between them, for trumped up drug offences.  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 The sentence and fines were based on outdated penalties for the alleged crimes, indicating an unsettling departure from the country’s new Criminal Code.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 seizure of the Vice-President's luxury villas in Cape Town and a super yacht called Blue Shadow, belonging to Vice-President Obiang, are believed to have strained relations between Equatorial Guinea and South Africa. The arrest of Peter and Frik, just two days after the seizure of a superyacht linked to the Vice-President, raises suspicions of retaliatory actions against the two South African citizens. 

The families believe the detentions, which they believe are arbitrary under the UN’s Human Rights law, are also 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.

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.

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 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 (ICJ) 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,” says Shaun Murphy, speaking for the Potgieter family. 

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, where Peter was granted a brief call to his life partner of 30 years, Kathy McConnachie.  Peter asked Kathy to marry him on that call.  

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.

Sonja and Frik’s daughter, Jolene, who is very close to her father, was meant to get married last year.  But without her father there, no contact with him, and the uncertainty as to when he will be released to help with the planning, walk her down the aisle, and enjoy what should be a celebration with family and friends, as well as fulfilling every girl’s dream and be one of the happiest days of her life, her plans have been put on hold.  

In anticipation of Peter’s homecoming, Kathy, Peter’s fiancée, washes and irons his clothes every second week.  The couple bought a plot in Langebaan where they were planning to build their dream retirement home.  In Peter’s absence, and in his honour, Kathy has laid the foundations and built the walls and roof.  She says she is waiting for Peter to come home to install the electrical infrastructure, given that this is what he does so expertly for work on the vessel in Equatorial Guinea.

Both men are deeply respected and valued within their families, church groups and communities, as well as professionally.  They have received numerous accolades over the years for their achievements and commitment to mentoring young people at work, mainly local Equatorial Guinea employees.  

Nigrini says: “It is time they are brought home, as it is now a year that has been ‘stolen’ from Peter and Frik’s lives on earth with their families and friends. As the families, we are desperately looking to our Government and the relevant Departments, to use their expertise and position to engage with their counterparts in Equatorial Guinea, in order to bring home two innocent South Africans, and end the pain being experienced by them and their families and friends. They are hostages, their incarceration is not their fault, but even worse, there is nothing they can do to secure their own release - it is only the South African Government who can do this.” 

Issued by Families of Frik and Peter, 7 February 2024