Picture: THINKSTOCK
Picture: THINKSTOCK

THE 20 men accused of planning to overthrow Democratic Republic of Congo President Joseph Kabila have claimed their arrest in South Africa last year was the result of an unlawful trap.

The men, who are on trial in the high court in Pretoria, were in court on Wednesday after requesting the court to review a September 2012 decision by deputy director of public prosecutions Torie Pretorius SC to authorise the trap.

They argued that only the national director of public prosecutions (NDPP) could give permission for a trap, and this power could not be delegated to a deputy director of public prosecutions.

Mr Pretorius is in the priority crimes litigation unit, a unit in the office of the NDPP responsible for managing and directing probes and prosecutions relating to, among other things, the contravention of the Regulation of Foreign Military Assistance Act.

The men each face a count of engaging in mercenary activities, an offence under the act, and a count of conspiracy to murder Mr Kabila and other officials.

They have been in custody since their arrest during a raid in Limpopo in February last year. Police had infiltrated the group, which had allegedly signed up for military training.

Thesigan Pillay, lawyer for 14 of the men, said the priority crimes litigation unit needed to get permission from the NDPP to authorise the trap.

He said the Criminal Procedure Act provided for the NDPP to require officials to get approval to set a trap or for undercover operations.

However, prosecutor Shaun Abrahams said the head of the unit, Anton Ackermann SC, had been authorised by then acting NDPP Silas Ramaite in 2004 to delegate his powers to deputy directors of public prosecutions in the unit, including for the authorisation of traps.

Judge Billy Mothle is expected to pass judgment on the review application on Thursday.