
Grace allegedly assaulted Gabriella Engels, a model who was
in the company of her sons, Robert Jr and Bellarmine Chatunga, at a Sandton
hotel in South Africa a fortnight ago, leaving the 20-year-old woman with a
deep gash on the forehead, among other injuries.
Despite initial reports that she was going to hand herself
over to the police and face prosecution, the Zimbabwean government invoked
diplomatic immunity cover, enabling Grace to evade arrest.
AfriForum swiftly moved in and offered legal advice to
Engels in an effort to bring Grace to book.
The civil rights organisation is exploring multiple
strategies to secure justice for Engels and these include a civil suit, which
could run concurrently with criminal prosecution as well as pursuing private
prosecution, should the courts rule in favour of Grace in a case in which the
organisation is challenging the awarding of diplomatic immunity to President
Robert Mugabe’s wife.
In an interview on Wednesday, AfriForum chief executive
officer Kallie Kriel said they have launched a review application of the
decision to grant Grace diplomatic immunity and she has 30 days to file her
opposing affidavits.
“If the review application is successful (and there are
very good grounds to believe it will be) the doors will be open for the
National Prosecuting Authority to prosecute Mrs Mugabe,” he said.
“If the NPA refuses to prosecute Mugabe, AfriForum’s
private prosecution unit will begin with a private one.”
Another AfriForum lawyer, Willie Spies, said: “The
organisation is considering suing her in a civil case as she (Grace Mugabe) has
assets (including a R45 million house) in South Africa.”
On Wednesday, AfriForum launched its first application in
the High Court of South Africa (Gauteng Division), Pretoria.
The court papers cite the Minister of International
Relations and Co-operation, Maite Nkoana-Mashabane, who is cited as the
political head of the Department of International Relations and Co-operation as
the first respondent while Grace is cited as the second respondent.
According to the court papers seen by the Independent, the
application is meant “to set aside a decision of the first respondent
(hereinafter the Minister), recognising diplomatic immunity as far as the
second respondent is concerned.”
“The aforesaid diplomatic immunity stands as a bar to
criminal proceedings against the second respondent, arising from an assault
committed by her on me with the intention to do grievous bodily harm on 13
August 2017,” reads Engels’ court application.
“The second respondent’s interest in these proceedings is
the setting aside of her diplomatic immunity. If set aside, the second
respondent faces criminal prosecution and civil action in South Africa for
assault, as such she has a substantial interest in the subject matter of this
litigation,” reads the application.
The court papers also state that the applicant (Engels) is
“advised that the conferring of diplomatic immunity in terms of Sec 7(2) is
dependent on the establishment of two preconditions, namely: That it is not
expedient to enter into an agreement conferring immunities and privileges in
terms of the Act as envisaged by Sec 7(1); and If the conferment of immunities
and privileges is in the interest of the republic”.
“The applicants contend that, upon a proper analysis of the
above decision, the first pre-condition for the exercise of the minister’s
power to confer immunity is not present. The minister does not contend that it
was not expedient to enter into an agreement as envisaged by Sec 7(1).
“Section 7(1) and (2) are empowering provisions for the
conferring of immunities and privileges by the minister. In the absence of the
precondition that compliance with Section 7(1) is not expedient, the minister
does not have the statutory power to confer immunity on the second respondent.
“The applicants therefore contend that the decision lacks
legality and is void ab initio, alternatively should be declared invalid.”
“I am advised that Sec 6(a) of the Foreign States
Immunities Act 87 of 1981 provides that a Foreign State [which includes the
Head of State — See Sec 1(2)(a)] shall not be immune from the jurisdiction of
the courts of the republic in proceedings relating to, inter alia, the injury
of any person caused by an act or omission in the republic.”
If Grace is prosecuted and convicted, AfriForum will then
launch a civil lawsuit which could lead to the attachment of her property in
South Africa.
Reports in the South African media and separate checks by
the Independent — which has been investigating Grace’s property story and her
sons’ escapades in Johannesburg — show that she has been renting a huge
property owned by Angolan immigrants for R200 000 (more than US$15 000) a
month. Investigations and reports show the rented six-bedroomed property is Number
27A Coronation Road, Sandhurst, Sandton’s most affluent suburb. Sandton is the
richest square mile in Africa.
A report in the The Star newspaper in Johannesburg also
revealed that Grace has bought a property around the corner in Sandhurst for
R45 million (US$3,5 million) and was also negotiating to buy another.
Official documents on the transfer of the property show
that Grace has spent about R45 million on this 9 249 square metre property,
which is nearly double the size of most in Sandhurst, a suburb redolent of
money and extravagance.
Sandhurst is home to some of South Africa’s richest
families as well as those from oil-rich parts of Africa.
In 2015, AfriForum successfully assisted a group of
dispossessed Zimbabwean commercial farmers to enforce a 2008 ruling by the
Southern African Development Community’s regional court, the Sadc Tribunal, in
South Africa. The tribunal ruled that Mugabe’s land grabs were unlawful, racist
and in contravention of applicable international law.
After a five-year legal battle, the property was auctioned
because the Zimbabwean government failed to honour cost orders of South
Africa’s High Court, Supreme Court of Appeal and the Constitutional Court.
AfriForum began assisting dispossessed Zimbabwean farmers
and human rights activists in the country in a legal battle in 2010 after
Mugabe refused to comply with the order of the Sadc Tribunal that his illegal
land grabs had to stop.
The order was registered in the High Court in Pretoria and
AfriForum’s lawyers, for the first time in March 2010, attached the property in
Cape Town following the enforcement of the order.
After unsuccessful attempts by the Zimbabwe government in
the Pretoria High Court, the Supreme Court of Appeal and the Constitutional
Court, to rescind the registration of the judgment in South Africa, the Sheriff
of Wynberg North proceeded with the auction.
AfriForum regarded its litigation against the Zimbabwe
government as a civil sanction campaign against the systemic abuse of human
rights and the rule of law, and the destruction of land ownership in Zimbabwe.
With regards to the Grace Mugabe assault saga, Spies said
AfriForum is willing to “fight this matter to the highest court”. Zimbabwe independent
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