Judge rules that Grace can be prosecuted

FORMER Zimbabwean first lady Grace Mugabe can be prosecuted for assault following a South Gauteng High Court order which set aside the decision to grant her diplomatic immunity.

Mugabe was granted immunity by former minister of international relations and co-operation Maite Nkoana-Mashabane last year after Joburg model Gabriella Engels opened a case of assault with intent to do grievous bodily harm against her.

This enabled Mugabe to return to Harare and escape prosecution in the case.

Engels was allegedly assaulted with an extension cord in a Sandton hotel after Mugabe found her in the room with her sons in August last year.

Yesterday, however, Judge Bashier Vally set aside the decision, saying it was unlawful and unconstitutional.

“…I conclude that Dr Mugabe is not immune from the jurisdiction of our courts. and the minister’s decision to ‘recognise’ or ‘confer’ immunity upon her was unconstitutional and unlawful,” Judge Vally’s judgment stated.

He said the decision was reviewed and set aside. The minister was also ordered to the pay costs of the application.

AfriForum chief executive Kallie Kriel said the civil rights organisation was elated. “It means that there will be justice for Miss Gabriella Engels, who is the victim in this case. From the start we said that the diplomatic immunity that was granted to Mrs Mugabe was unlawful,” Kriel said.

he said Mugabe had simply got away due to political reasons.

“Now that it has been set aside, we can make sure there is equality before the law. The police will now have to further investigate this and the NPA (National Prosecuting Authority) can then prosecute,” Kriel said. He said there were international treaties that could be relied upon to ensure Mugabe returned to South Africa to face the charges.

“The Mugabes have a house here in Sandton that’s worth more than R40 million. So they will have a house that they cannot visit if she is going to stay away. We are confident that there would be ways to get her into the country.”

“If she is confident that she is not guilty, well, she has the same rights as any other person who is accused. We are happy with the fact that she will be able to give her side of the story and let the law take its course,” Kriel said.

NPA South Gauteng spokesperson Phindi Mjonondwane said they would not comment because the case was still with the police.

National police spokesperson Brigadier Vishnu Naidoo said police would study the judgment.

“However, with regard to the investigation into the alleged assault of Gabriella Engels… that docket was not closed. The due processes will follow,” Naidoo said.

AfriForum and Engels’s legal representative, Willie Spies, said the judgment paved the way for the prosecution steps to be instituted against Mugabe. “AfriForum believes the NPA should act in this regard, but if not, advocate Gerrie Nel and AfriForum’s private prosecution unit are ready to privately prosecute Mugabe,” Spies said.

DA federal council chairperson James Selfe said they took the matter to court because there was a “very important principle at stake – the principle that nobody is above the law in South Africa, and that if you are a foreign dignitary coming to South Africa, you cannot hide behind diplomatic immunity. It is a victory for people who are being abused”.

He said the South African government had chosen to put the politics of expediency above the rule of law.