Grace Mugabe’s diplomatic immunity does not apply if “death or injury” is committed – AfriForum

South African civil rights group, AfriForum which is representing Gabriella Engels filed a court application in which it is contending that diplomatic immunity does not apply to first lady Grace Mugabe. In its court papers, AfriForum said South Africa’s Foreign States Immunities Act of 87 of 1981 states that if “death or injury” is committed, criminal prosecution can be done. Grace left South Africa without facing prosecution after she allegedly assaulted model Gabriella Engels with an extension cord.

Part of AfriForum’s court papers read:

A foreign State [which includes the Head of State] shall not be immune from the jurisdiction of the courts of the republic in proceedings relating to, inter alia (among other things), the injury of any person caused by an act or omission in the republic.

Any derivative immunity that may attach to the President of Zimbabwe would, in our contention, not contain immunity in conflict with section 6(a) of the Foreign States Immunities Act.

If the minister intended such immunity, it would lack legality and be irrational.

The first lady was given until October 19 to defend herself against the court application.  The application was filed at the Pretoria High Court in South Africa.

More: NewsDay

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