Ruling may see Grace get her day in SA court
The Commission for Gender Equality (CGE) has welcomed the judgment against former Zimbabwe first lady Grace Mugabe.
The commission’s spokesman Javu Baloyi was reacting to the ruling honourable justice Bashier Vally made at the South Gauteng High Court on Monday, which set aside the decision to grant Mugabe diplomatic immunity.
Former international relations and cooperation minister, Maite Nkoana-Mashabane, made the decision to grant Mugabe diplomatic immunity after the wife of former Zimbabwe president Robert Mugabe was accused of assaulting South African model Gabriella Engels at a Johannesburg hotel.
Engels sustained deep cuts to her forehead and the back of her head and registered a case with the police the next day.
But the state granted Mugabe immunity‚ saying it was imperative to maintain good intergovernmental relations within the region.
But on Monday, Vally said Nkoana-Mashabane’s decision had been inconsistent with provisions in the constitution.
The ministry has also been ordered to pay the costs of the application‚ brought by the DA.
The gender commission, represented by the Legal Resources Centre, successfully joined the litigation as amicus curiae (friend of the court).
Baloyi said the CGE joined the litigation and submitted that providing Mugabe diplomatic immunity after assaulting Engels, “directly violated the constitutional directive to protect, promote and fulfil the rights of women, including violating SA’s host of international obligations to safeguard women”.
The judgment could see Mugabe facing trial for allegedly assaulting the now 21-year-old. Debbie Engels, the mother of the alleged victim, said this was a “big victory” that showed nobody was above the law.
“Whether this case goes to trial or not‚ she stood up for herself.
“And she showed other people how to stand up for themselves‚” Engels said.
“You don’t need an elephant to take down another elephant. You need a mouse. She has shown that,” she added. —