Grace Mugabe immunity 'an error of law', court finds

Grace Mugabe immunity 'an error of law', court finds

Zimbabwe's former president Robert Mugabe on Monday turned out to cast his vote at Mhofu Primary School in Highfield, in the first election the southern African country has held without the 94 year old's name on the ballot.

Judge Bashier Vally says the decision to grant diplomatic immunity was inconsistent with the constitution and must be set aside.

Grace Mugabe, wife of the deposed Zimbabwean dictator, has been stripped of the diplomatic immunity she was granted over an alleged attack on a nightclub hostess in Johannesburg past year.

Mugabe denied assaulting Engels with an electric cable, saying an "intoxicated and unhinged" Engels had attacked her with a knife.

He said Mugabe simply got away for political reasons.

Minister of International Relations and Co-operation Lindiwe Sisulu said she had noted the judgment, adding that the department would study it and comment later, if necessary.

The Democratic Alliance (DA) and AfriForum have won a case against the former first lady of Zimbabwe Grace Mugabe.

Her husband, Robert Mugabe, was president of Zimbabwe at the time.

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He said there were worldwide treaties that can be relied upon to ensure that Mugabe returns to South Africa to face charges.

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

He further found that Mugabe was not immune to the jurisdiction of the South African courts and the minister's decision to "recognise" or "confer" immunity upon her was unconstitutional and unlawful.

Selfe said an arrest warrant should be issued for Mugabe and called on the South African government to work with all the relevant stakeholders to ensure that Mugabe returns to the country and has her day in court.

Lobby group AfriForum and the DA challenged Nkoana-Mashabane's decision in court. Spies said if the NPA failed to take action, Afriforum would start proceedings against Grace Mugabe.

The DA said condoning such behaviour could not be in the interest of South Africa or justice.

It said it wanted Mrs Mugabe to be arrested and put on trial if she ever returned to South Africa, where her family reportedly owns properties in upmarket areas.