Court ruling on Grace’s diplomatic standing to be known ‘soon, hopefully’
THE HIGH court in Pretoria yesterday reserved judgment in the DA’S application to have diplomatic immunity granted to former Zimbabwe first lady Grace Mugabe set aside.
“Thank you everybody for your time, judgment will be reserved. You will get a written judgment in due course.
“When? I don’t know,” said Judge Bashier Vally after the second day of arguments between the DA, joined by Afriforum, and on the other side the minister of international relations and co-operation.
“You will get it hopefully soon. I don’t know. I’m not committing myself to any specific time but you will get a written judgment.”
The judge also extended gratitude to different parties who had joined the case as amicus curiae to assist the court.
On Thursday, advocate Hilton Epstein, representing the Department of International Relations and Co-operation argued that the South African government did not grant diplomatic immunity to Mugabe, but only recognised it after the assault charge last year.
Epstein argued that Pretoria had not conferred the diplomatic standing, and the Department of International Relations and Co-operation had only upheld the fact of existing immunity for then Zimbabwe president Robert Mugabe’s spouse.
“I submit the following – it is clear this was happening over a short period of time.
“The department of foreign affairs (international relations) was dealing with this urgently, the conference (Southern African Development Community summit) was taking place, heads of state were here and the minister was faced with the complaint and sought advice,” said Epstein.
“She (Grace Mugabe) sought advice from the legal advisers.
“She got advice from the legal advisers.
“Ultimately there is one factor here.
“It’s not a discretion, it’s not an opinion, it’s a fact which is whether spousal immunity exists or does not exist,” added Epstein.
He said the then international relations and co-operation minister Maite Nkoana-mashabane did the right thing by “recognising” Grace Mugabe’s diplomatic immunity.
Zimbabwe’s former first lady was embroiled in a scandal when it was alleged that she physically assaulted a young model, Gabriella Engels, in a hotel in Morningside, Joburg.
Engels, who opened assault charges against Grace Mugabe last year, said she had hoped Zimbabwe’s former first lady would be brought back to South Africa to face the charges. – African News Agency (ANA)