Johannesburg — She has no immunity, but is still very
unlikely to stand trial courtesy to political considerations.
Implementing an arrest warrant against Zimbabwe’s former
First Lady Grace Mugabe will be very difficult because of diplomatic
relationships between Pretoria and Harare, according to an international
criminal law expert.
Grace can no longer use diplomatic immunity as protection
from possible prosecution for assault.
But that does not mean she will face charges related to her
alleged “extension cord attack” on 20-year-old model Gabriella Engels any time
soon. The National Prosecuting Authority says it’s yet to decide whether Grace
has a case to answer.
“We have actually not seen the docket in this case, so we
have no way of knowing what the evidence (against Grace Mugabe) actually is,”
NPA spokesperson Phindi Mjonondwane told Times Select.
“As a result, we have not even made a decision about
whether she should be prosecuted. It’s only when we have the docket that we can
make that decision.”
She referred all further queries to the police.
The mother of the model who was allegedly assaulted by
Zimbabwe’s First Lady‚ Grace Mugabe‚ said claims that her daughter attacked
Mugabe are “utter lies”.
National police spokesperson Brigadier Vishnu Naidoo
confirmed that the Engels investigation docket was still open and “due
processes will follow”.
Court documents reveal that then acting national
commissioner Lesetja Mothiba stated at the time of the alleged assault that the
police believed there was a “prima facie” case against Grace, and that this
view was shared by an unidentified prosecutor.
However, he noted that a number of statements “from
potential witnesses were still outstanding” and said the Johannesburg NPA head
had not made a decision on “whether a prosecution of Mugabe would ensue as no
statement had been received from Dr Mugabe”.
It was while the police were in the early stages of
investigating the Engels assault that International Relations Minister Maite
Nkoana-Mashabane agreed to requests by Zimbabwean officials for Grace to be
granted diplomatic immunity.
This process may be impossible. I don’t see the probability
of an arrest warrant effected successfully,” international criminal law expert
Allan Ngari said.
Pretoria High Court Acting Judge Bashir Vally found on
Monday that this decision was based on an “error of law”, based on the
minister’s incorrect belief that the spouses of sitting heads of State were
automatically entitled to diplomatic immunity.
Vally recorded how, after Engels laid assault charges
against Grace, the police made several attempts to contact her lawyer and
persuade her to hand herself over and make a statement to the authorities about
her side of the story. These efforts were unsuccessful, and Grace fled South
Africa days after her alleged attack.
Less than a week after the alleged attack, Nkoana-Mashabane
“bestowed” diplomatic immunity on Grace. While acknowledging the importance of
“rule of law”, the minister said she also needed to consider the diplomatic
implications attached to the potential prosecution.
“Indeed, such action could have serious implications for
the relations between South Africa and African states,” Nkoana-Mashabane’s
office said in a letter to the Zimbabwean Embassy.
In the end, though, she unlawfully justified her decision
to grant Grace immunity on the basis of her status as the first lady of
Zimbabwe – a status that no longer exists.
In the wake of Monday’s ruling, AfriForum’s Willie Spies
said the lobby group is determined to see Grace face trial, and will even apply
for her extradition, through a private prosecution process, if the state elects
not to do so.
In response, the NPA’s Mjonondwane urged AfriForum to “hold
its horses”.
“As I’ve said before, we are still waiting for the
investigation docket. AfriForum must allow us to consider the evidence and make
a decision first.”
An international criminal law expert at the Institute for
Security Studies, Allan Ngari, said it would not be easy to get Grace to appear
before a South African court.
The Commission for Gender Equality said on Thursday that
South Africa’s granting of diplomatic immunity to Grace following her alleged
assault of a young woman in Johannesburg last year violated the country’s laws.
An arrest warrant would have to be issued first.
“Ideally, the National Prosecuting Authority would need to
get the arrest warrant, but it is possible for civil society to seek the same.
“As to the implementation of the warrant, this is where it
will become very difficult because of diplomatic relationships between South
Africa and Zimbabwe. The two governments will have to deal with it,” Ngari
said.
“She is not a state official so she should not receive
protection from the State in Zimbabwe. But then, there is the political
connection. And we need to understand the changes currently going on in
Zimbabwe, diplomatically.
“This process may be impossible. I don’t see the
probability of an arrest warrant effected successfully being too high,” Ngari
said.
Grace was accused of assaulting Engels at a Johannesburg
hotel‚ where Mugabe’s two sons were staying, in August 2017.
Engels sustained deep cuts to her forehead and the back of
her head Engels registered a case with the police the next day. But the State
granted Grace immunity‚ saying it was imperative to maintain good
intergovernmental relations within the region‚ in particular between South
Africa and Zimbabwe. — Times Live
0 comments:
Post a Comment