South African businessman Daniel Janse van Rensburg has endured a gruelling nine-year court battle against the Vice-President of Equatorial Guinea, Teodorin Obiang, regarding his illegal incarceration in the notorious Black Beach Prison between 2013 and 2015.

On Tuesday, the Supreme Court of Appeal will hear Obiang’s petition against the refusal by a full bench of the Cape High Court to rescind Judge Slingers’ judgment from December 2021, where Obiang was denied leave to appeal Judge Lekhuleni’s decision awarding Janse van Rensburg R39 882 000 in damages.

The case, widely publicised internationally, has drawn outrage at the ‘president-in-waiting’s’ jet-set lifestyle and abuse of power, while most of the population of this small, wealthy country endures severe hardship, with many living below the poverty line.

“I have absolute faith in the judicial system and know the judges hearing this appeal will see this as yet another stalling tactic by Teodorin Obiang to avoid settling my award,” said Janse van Rensburg.

“Meanwhile, two innocent South African men [Frik Potgieter from George and Peter Huxham from Langebaan] are suffering under horrific conditions in Equatorial Guinea’s prison in apparent retaliation for my seizure of Obiang’s superyacht, the Blue Shadow, in February 2023. I believe that justice will prevail, and I can move on with my life, while the two men, who were inadvertently caught up in this drama, will be reunited with their families.”

Obiang, known as ‘Teddy’ and often flaunting his playboy lifestyle on social media, faces multiple criminal charges in the US, France, Switzerland, Belgium, and Spain for corruption, embezzlement, and money laundering.

In 2020, the International Court of Justice upheld France’s seizure of Obiang’s multi-million Euro Paris residence, rejecting his diplomatic immunity claim. France’s highest court also upheld Obiang’s embezzlement conviction, sentencing him to three years in prison in absentia, with assets worth €150m (R2.85b) confiscated.

Timeline of Janse van Rensburg vs Obiang

In 2012, Janse van Rensburg was hired by Obiang’s uncle, Gabriel Mba Bela Angabi, to establish an airline in Equatorial Guinea. Despite safety concerns, Janse van Rensburg accepted the contract, setting up logistics for Coriscair.

In 2013, upon returning for the airline’s expected launch, he was shocked when Angabi abruptly cancelled the project. Angered by Janse van Rensburg’s questioning, Angabi made a call that resulted in Obiang’s Rapid Intervention Force arriving and forcibly detaining Janse van Rensburg, who was thrown into Black Beach Prison.

For 423 days, he suffered persistent torture, malnutrition, and illness, with no medical assistance provided, causing irreparable damage to his health.

“Surviving just one day there is a miracle, and after 423 days, I was no longer the same man,” he said.

In September 2015, Janse van Rensburg was released, returning to South Africa where he was met by Victor Rambau, the former South African ambassador to Equatorial Guinea, and a crowd celebrating his return.

In 2016, Janse van Rensburg initiated legal proceedings against Obiang, resulting in the attachment of Obiang’s Cape Town properties as security. Years later, two South African engineers were arrested in Equatorial Guinea in apparent retaliation, held as hostages against the release of these properties.

In March 2021, Judge Lekhuleni ordered Obiang to pay R39 882 000 in damages, and Janse van Rensburg executed this judgment, leading to the seizure and sale of Obiang’s property contents.

A yacht and the 2 engineers

After the dismissal of Obiang’s appeal in February 2023, Janse van Rensburg’s judgment led to the seizure of Obiang’s luxury yacht, Blue Shadow. Obiang retaliated by orchestrating the arrest of two South African engineers [Potgieter and Huxham] on false drug charges, later sentencing them in a kangaroo court to 12 years’ imprisonment and a $10m (approximately R179.8m) fine.

SA government’s efforts to resolve the matter

The Department of International Relations’ efforts to intervene were unsuccessful. On July 1, the UN Working Group on Arbitrary Detentions reported that Huxham and Potgieter’s detention violated the Universal Declaration of Human Rights. On October 22, the South African Parliament condemned their imprisonment and called for government intervention.

Time for dictators to face judgment’

“The world must act against tyrants like Teodorin Obiang, whose abuses of power are documented globally,” Janse van Rensburg said.

Janse van Rensburg recounted how he was detained without conviction, denied contact with lawyers, loved ones, and South African officials. His experiences are detailed in a book chronicling his ordeal in Black Beach Prison.

As Tuesday’s hearing approaches, the case underscores an ongoing struggle for justice and may bring closure to Janse van Rensburg’s nine-year ordeal, though the fate of Huxham and Potgieter remains uncertain.

Despite multiple requests by South Africa for proof of life, Huxham and Potgieter’s welfare remains unknown as Equatorial Guinea ignores calls for access to the detainees.