Immunity granted to Grace Mugabe was invalid‚ Gabriella argues in court papers

The application
The application
Gabriella Engels and Afriforum have filed court papers challenging the decision by the South African government to grant diplomatic immunity to Zimbabwe first lady Grace Mugabe.

In the court papers‚ Engels argues that the move taken by the Minister of International Relations and Cooperation Maite Nkoana-Mashabane to grant Mugabe diplomatic immunity is invalid.

Mugabe was accused by 20-year-old Engels of assaulting her and two friends at a luxury Sandton hotel last week.

The first lady who was at the centre of a diplomatic crisis between the two countries flew out of the country under the cover of darkness this past weekend after Nkoana-Mashabane controversially granted her diplomatic immunity.

Engels with the assistance of Afriforum intends to challenge this decision.

In the notice filed to the High Court in Pretoria on Wednesday‚ they want the court to review and set aside the decision by the minister to grant Mugabe immunity.

Further‚ they want the court to declare that the decision to grant Mugabe immunity does not mean she won't be prosecuted.

In the court papers Engels details how she and a friend visited "acquaintances" at the Capital West 20 Hotel in Sandton‚ when Grace "burst into the hotel room and assaulted me in the presence of her (Mugabe) bodyguards”.

"She used an electric cord with a plug at the end of it and I was… hit over the forehead‚ causing a gash which has serious repercussions for my appearance and my professional career as a model‚" Engels said in the affidavit.

"I have laid a criminal charge of assault with the South African Police Services at Sandton Police Station‚" she said.

"I am the complainant in these proceedings and‚ intend persisting in these criminal proceedings whether by means of a State or private prosecution‚" her statement read.

She further argues that the decision to grant immunity to Grace Mugabe "lacks legality and… should be declared invalid".

Engels argues that the minister "misconstrued her powers" in this process.

TimesLIVE

Source: TMG Digital.

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