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A Zimbabwean top diplomat, Macmillan Moyana, 35 was arrested for allegedly barging into a home in Montgomery County, United States while shouting incoherently.
Moyana reportedly went to a house along Tulip Drive at 2:20 AM on a Friday in late January where he simultaneously banged the door and shouted “Madam, Madam! It’s you,” shocking the owner of the house who had her two young children.
ABC’s Washington D.C. affiliate, WJLA TV, reported. that the owner of the house opened the front door of her house her front door thinking it was a friend, family member or neighbour in need of assistance.
When the door opened, Moyana Treportedly tried to bumrush the door, forcing entry into the house, hitting the woman with the door as he did. He is also believed to have broken the panel of the door but the owner of the house was able to force him back and lock the door.
Moyana is said to have continued to shout “Madam!” from outside the home, went window to window, banging on them loudly while the woman was calling the police.
He was later arrested and held at the Montgomery County Detention Center on charges of home invasion, second-degree assault, third-degree burglary, reckless endangerment, and trespassing which all carry a combined total of up to 50 years in prison.
Moyana was however granted diplomatic immunity. The Zimbabwean embassy in the USA claims that Moyana is back in Zimbabwe. The cause of Moyana’s behaviour is not known.
More: <a href="https://wjla.com/news/local/police-high-level-embassy-of-zimbabwe-diplomat-breaks-into-home-gets-diplomatic-immunity">WJLA</a>

Pindula News

Top-Level Zimbabwean Diplomat Arrested In USA For Barging Into A Home

South African Minister of International Relations and Cooperation, Lindiwe Sisulu said they will not appeal a South Gauteng High Court judgment that ruled the decision to grant former Zimbabwean first lady Grace Mugabe diplomatic immunity was “an error of law”.
Sisulu said they have studied the judgment and came to the conclusion that they will not appeal. On July 30, Acting Judge Bashier Vally ruled that the decision by South Africa’s former minister of international relations and cooperation Maite Nkoana-Mashabane to grant Mugabe diplomatic immunity must be reviewed and set aside.
Mugabe was accused of using an electrical extension cord to assault Gabriella Engels, a Johannesburg-based model, in August last year. The former first lady secretly fled the country and Nkoana-Mashabane later granted her immunity. If she visits South Africa, Mugabe could face police questioning. Meanwhile, AfriForum and the Democratic Alliance (DA) have urged the authorities to reissue the arrest warrant against Mugabe and ensure she is prosecuted on a charge of assault.
More: <a href="https://www.news24.com/SouthAfrica/News/govt-wont-appeal-grace-mugabe-immunity-judgment-20180802">News24</a>, <a href="http://ewn.co.za/2018/08/03/sisulu-sa-govt-won-t-appeal-grace-mugabe-diplomatic-immunity-ruling">EWN</a>

South African Govt Will Not Appeal Grace Mugabe Diplomatic Immunity Judgement

A lawyer representing South Africa’s foreign ministry, Advocate Hilton Epstein SC, told the Pretoria High Court on Thursday that the minister accepts that Grace Mugabe’s diplomatic immunity no longer exists. However, Epstein said the minister did not confer diplomatic immunity on Zimbabwe’s former first lady arguing that she already had it thus the minister could not give her something she already had.
Grace was granted diplomatic immunity following her alleged assault of Gabriella Engels in Johannesburg last year. The Democratic Alliance (DA) and AfriForum have approached the court to have the International Relations Department’s decision to grant Mugabe amnesty reviewed and set aside. The matter continues tomorrow.
More: <a href="https://www.iol.co.za/news/south-africa/gauteng/sa-didnt-grant-grace-mugabe-immunity-only-recognised-it-court-told-14885964">IOL</a>, <a href="https://www.news24.com/SouthAfrica/News/diplomatic-immunity-for-grace-mugabe-was-unconstitutional-court-hears-20180510">News24</a>

Grace Mugabe Diplomatic Immunity No Longer Exists

President Emmerson Mnangagwa has denied reports that he gave his former boss Robert Mugabe and his family immunity from prosecution as part of his retirement package.
Mnangagwa disputed the Zimbabwe Anti-Corruption Commission (ZACC) commissioner responsible for investigations, Goodson Nguni’s claims that only Mugabe had immunity from arrest.
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<h3><a href="https://news.pindula.co.zw/2018/01/07/grace-mugabe-faces-arrest-over-corruption-allegations-only-robert-mugabe-has-immunity/">Also Read: Grace Faces Arrest Over Corruption Allegations, Only Robert Mugabe Has Immunity Says ZACC</a></h3>
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</ul>
Said Mnangagwa:
<blockquote>No, we have not given anybody any immunity. What I have promised to my former president and the founding father of our nation, our icon former President Mugabe is that we have given him a package. A very lucrative package.
We are not saying that if anybody commits a crime then their former status will stop the police from dealing with that issue. But I’m saying that the new administration will do everything possible to ensure that the family lives in peace undisturbed.</blockquote>
Mnangagwa highlighted that there will be no scared cows when dealing with corruption. He however said that justice will not be applied retrospectively.

No Immunity For Grace And Robert Mugabe: Mnangagwa

The Zimbabwe Republic Police (ZRP) has again turned down a request to hold a demonstration against the granting of diplomatic immunity to Grace Mugabe by the South African government.
The National Electoral Reform Agenda (NERA) wants to demonstrate at the South African embassy in Belgravia, Harare and handover a petition. However in a latest move to frustrate NERA’s efforts, ZRP has requested for a clearance from the South African embassy. The letter signed by Harare Central District Chief Superintendent Chizemo and addressed to Tawanda Kalonga, reads:
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<blockquote>Reference is made to your letter of notification to hold a demonstration at South African Embassy situated at number 7 Elcombe Street, Belgravia Harare, where you also intend to handover a petition. </blockquote>
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<blockquote>Your attention is drawn to the Priviledges and Immunities Act, Chapter 3.03 and in particular article 22(1) and (2).</blockquote>
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<blockquote>In view of the above, you are first to get a clearance letter from the Embassy concerned and favour my office with a copy of that Ietter for further processing of your notification.</blockquote>
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</ol>
Last month, Zanu-PF held a solidarity march for Grace Mugabe on the same day NERA intended to hold the demonstration.

'Get clearance from SA Embassy to hold Grace Mugabe demo', ZRP tells NERA

In a letter dated August 28, South Africa’s International Relations and Co-operation Minister Maite Nkoana-Mashabane rejected Parliament’s invitation to account for her decision to grant Zimbabwean First Lady Grace Mugabe diplomatic immunity stating that the matter is now before the courts, and therefore deemed sub-judice. Sub-judice means a matter is under judicial consideration and is therefore prohibited from public discussion elsewhere.
Said Nkoana-Mashabane:
<blockquote>As such this matter is now before the courts, and therefore deemed sub-judice. I hereby request the portfolio committee to consider this matter after the courts shall have adjudicated on it.</blockquote>
Democratic Alliance (DA) MP Stevens Mokgalapa opposed the minister’s explanation saying it is a misuse of the sub-judice rule, and did not apply in the Grace Mugabe case.
More: <a href="http://www.news24.com/SouthAfrica/News/minister-rejected-invitation-to-explain-grace-mugabe-decision-20170906">News24</a>

Minister rejects invitation to explain decision to grant Grace Mugabe diplomatic immunity

Addressing journalists in Pretoria, South Africa on Wednesday Minister of International Relations Maite Nkoana-Mashabane said that granting Zimbabwe’s first lady Grace Mugabe diplomatic immunity was painful.
Despite saying that she said that she did so because she was following the law. Said Nkoana-Mashabane:
<blockquote>I am here. My name is Maite Nkoana-Mashabane. [I am] a very responsible mother, you can ask my children. Others know I am very supportive. It’s been a very painful exercise. It still is. Having said that, we are following the law.</blockquote>
Mashabane said she had written to Mbete and the chair of Parliament’s international relations portfolio committee, Siphosezwe Masango, to report on the matter. A date will be set for the minister to appear before the committee. Grace Mugabe was accused of beating model Gabriella Engels (20) with an extension cord. Engels said she sustained deep cuts to her forehead and the back of her head. She registered a case with the police the next day, alleging assault with intent to do grievous bodily harm.
More: <a href="https://reportfocusnews.com/news/2017/08/23/sa-minister-granting-grace-mugabe-immunity-painful/">Report Focus</a>

Granting Grace Mugabe diplomatic immunity was painful: SA Minister

A copy of the Government Gazette from the South African authorities, granting First Lady Grace Mugabe diplomatic immunity for the alleged assault of South African model Gabriella Engels with an electric extension cable at a Sandton hotel.<img alt="" class="alignnone size-full wp-image-27327" decoding="async" height="1200" loading="lazy" sizes="(max-width: 1107px) 100vw, 1107px" src="http://news.pindula.co.zw/wp-content/uploads/2017/08/Grace-Diplomatic-Immunity.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2017/08/Grace-Diplomatic-Immunity.jpg 1107w, https://news.pindula.co.zw/wp-content/uploads/2017/08/Grace-Diplomatic-Immunity-277x300.jpg 277w, https://news.pindula.co.zw/wp-content/uploads/2017/08/Grace-Diplomatic-Immunity-768x833.jpg 768w, https://news.pindula.co.zw/wp-content/uploads/2017/08/Grace-Diplomatic-Immunity-945x1024.jpg 945w, https://news.pindula.co.zw/wp-content/uploads/2017/08/Grace-Diplomatic-Immunity-600x650.jpg 600w" width="1107"/>

Copy of South Africa Government Gazette	granting Grace Mugabe immunity

The South African government has been advised that First Lady Grace Mugabe does not qualify for diplomatic immunity for her alleged assault of model Gabriella Engels. This is despite the fact that Grace was travelling on a diplomatic passport. Senior government officials told the Mail and Guardian:
<blockquote>If she had come here as part of the official delegation of Zimbabwe to participate in the summit, she would have had diplomatic immunity. But even there, it becomes what we call functional immunity. In other words, it’s limited to if she does anything in relation to the summit. If anything goes wrong, she’s covered diplomatically because she’s part of the official delegation.
So even if right now they retrospectively put her as a travelling member of the delegation that is here for the SADC summit, it would still not be enough because what happened in Sandton is not linked to the summit.</blockquote>
Cathleen Powell, a senior public law lecturer at the University of Cape Town added:
<blockquote>The immunity relating to a particular international summit [such as the SADC summit] is covered by the agreement setting up the summit. Unless that agreement specifically covers the spouses of heads of state attending, she won’t be covered. The fact that she is on his arm at an international event does not make her a diplomat and does not give her immunity.</blockquote>
More: <a href="https://mg.co.za/article/2017-08-18-00-government-lawyers-no-diplomatic-immunity-for-grace">Mail and Guardian</a>

"No diplomatic immunity for Grace" - SA Govt lawyers

As you may already know, he South African police has confirmed that Zimbabwe’s First Lady <a href="http://news.pindula.co.zw/2017/08/16/s-ministry-police-confirms-grace-south-africa-claiming-diplomatic-immunity/#.WZZzwjCg_Dc" rel="noopener" target="_blank">Grace Mugabe has decided to use diplomatic</a> immunity in order to be covered  from the possible consequences of her <a href="http://news.pindula.co.zw/2017/08/14/grace-mugabe-beats-girl-south-africa-girls-mother-appeals-grace-arrested/" rel="noopener" target="_blank">alleged crime of beating up a South African girl with an extension code</a>.
Said the SA police:
<blockquote>…the Government of Zimbabwe has dispatched a diplomatic note verbale to the Department of International Relations and Cooperation invoking said Diplomatic Immunity cover.</blockquote>
In case you are wondering what the the law in South Africa says about Diplomatic immunity, here’s a download:
<h2><a href="http://news.pindula.co.zw/wp-content/uploads/2017/08/diplomaticimmunitiesandprivilegesact.pdf" rel="noopener" target="_blank">Diplomatic Immunities and Privileges Amendment Act 35 of 2008 (PDF)</a></h2>
It makes it clear what the law says about diplomatic immunity and therefore the chances that Grace Mugabe’s incident will be covered.

Download: What the law in South Africa says about Diplomatic Immunity

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