The United Nations (UN) Working Group on Arbitrary Detention has issued a Formal Opinion that the detention of Frederik (Frik) Potgieter (a 54 year old South African citizen) and Peter Huxham (a 55 year old dual SA / UK citizen) in Equatorial Guinea arbitrary and illegal, and is calling for their immediate release.

The UN decision is a material finding that definitively confirms Frik and Peter’s innocence, and that their ongoing detention in Equatorial Guinea is a grave violation of various international human rights conventions.

Equatorial Guinea is a signatory to the UN International Covenant on Civil and Political Rights.

Arbitrary detention occurs when someone is arrested and detained by a government without due process and without the legal protections of a fair trial, or when an individual is detained without any legal basis for deprivation of liberty.  Arbitrary detention, in essence, is unlawful detention.

Francois Nigrini and Shaun Murphy, spokespersons for the Huxham and Potgieter families, say: “There has never been a shred of doubt about Frik and Peter’s innocence.  The families, Frik and Peter’s employer and the South African government have always believed in their innocence. 

“As families, we believe that their arrests were in retaliation for South African courts having seized the luxury properties and super yacht belonging to the Vice President of Equatorial Guinea, the latter just two days prior to Frik and Peter’s arrest.  We have also known that their arrests and detention are illegal, and so feel deeply vindicated by the UN Working Group on Arbitrary Detention’s declaration that their arrests and detention are unlawful.  

“There should never be a time when one country condones the unlawful action taken against citizens of another country, and we will be leaning firmly on both South Africa and the UK to take firm, decisive and immediate action to release the men.  Frik and Peter’s unlawful and illegal arrest in that country shows that there is scant regard for human rights and the rule of law. They are innocent pawns in an international spat between two countries, and have suffered great hardship for almost 17 months as a consequence.  It’s time that their suffering, and the time stolen from their lives, ends and they are brought back home to their families in South Africa.”

In addition to the UN Working Group on Arbitrary Detentions ruling, the families have requested the formal assistance of the Pan-African Parliament to secure Frik and Peter’s urgent release.  A formal request was handed over to the Presidency of the Pan-African Parliament on 24 June 2024, asking the institution to intervene to secure the men’s urgent release. They also held a peaceful protest outside the Parliament.  The Pan-African Parliament is the legislative and oversight arm of the African Union, based in Midrand, South Africa.

Background to the case

Frik and Peter, highly qualified and respected engineers, were working in Equatorial Guinea for their employer, a global oil and gas company, providing skilled expertise to projects which contribute two of the main income sources for that country, when they were arrested on fabricated drug charges.  Their arrests took place just two days after the South African courts seized the luxury super yacht belonging to Equatorial Guinea’s Vice President, Teodore Nguema Obiang Mangue.  Earlier, the South African courts had also seized the Vice-President’s two luxury Cape Town villas.

These assets were seized following a court ruling in South Africa on a separate matter, completely unrelated to Frik and Peter.  Even though the super yacht has been released, the villas remain impounded in South Africa, and the men remain in prison in Equatorial Guinea. Frik and Peter are caught in the diplomatic and political crossfire between South Africa and Equatorial Guinea.

Their court case took place in June 2023 in Equatorial Guinea. 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 it in the presence of hotel management and the local police. The accused’s attorneys were also not given the opportunity to challenge or argue the prosecutor’s allegations.

After this sham trial, the men each received a 12-year prison sentence, and are being held in a prison reserved for political prisoners in Mongomo. 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.

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 and facilitating the promotion of young, mainly local Equatorial Guinean employees, into more senior roles. 

“Frik and Peter are not just names on a distant headline, but fathers, partners, grandfathers and pillars in their communities, as well as valued team members on their respective vessels in Equatorial Guinea. Every passing day without them is an eternity of missed moments and cherished memories that can never be regained.

“I​​t is deeply distressing to consider the toll that this tragedy has had on Frik and Peter’s bodies, and their mental wellbeing.  They have endured over 500 days in prison, and the physical and mental strain they must be experiencing is unimaginable.

“With this important and ground-breaking decision from the United Nations, we now strongly urge all involved, including governments, the oil majors (Chevron and ExxonMobil) that Frik and Peter ultimately work for in Equatorial Guinea, civil society and the international community at large, to steeply accelerate their efforts to bring them home.  Their freedom is not just a legal obligation; it is a moral imperative.”

The families have launched an online petition, website and social media campaign to share their story and demand their urgent release: