Grace to get away with it

Source: Grace to get away with it – DailyNews Live

Bridget Mananavire and Gift Phiri      19 August 2017

HARARE – South Africa is mulling granting diplomatic immunity to First
Lady Grace Mugabe to escape prosecution after she was accused of
assaulting a model at a hotel in Johannesburg, the Daily News can report.

This comes as President Robert Mugabe is said to have pressured South
Africa on the sidelines of the ongoing summit of the 15-nation Southern
African Development Community (Sadc) in Pretoria into invoking diplomatic
immunity to help his wife evade justice.

Graces is facing “serious charges” of assault with intent to do grievous
bodily harm after she assaulted South African model Gabriella Engels at a
Sandton hotel last weekend.

She was visiting her sons on Sunday when she reportedly stormed into their
room and assaulted Engels, whom she accused of living with her sons – who
are both in their 20s and live in Johannesburg.

The first lady allegedly assaulted Engels with an electric cord in the
face and head. The model sustained serious injuries.

Authoritative sources in Harare and Pretoria said it appears that South
African President Jacob Zuma’s government was moving to protect Grace by
“trying to leverage her status as a first lady by applying the Vienna
Conventions on Diplomatic Relations”, which grant broad immunity from
prosecution.

“It makes her absolutely immune in almost all cases from criminal arrest
or civil suit. Diplomatic immunity is very protective,” said a senior
government official in Harare.

There were fears the dispute risked souring the broader South
Africa-Zimbabwe bilateral relationship.

While both countries stressed the importance of their bilateral
relationship during the crisis, it took complex wrangling to find a
workable solution both sides could live with.

Authoritative sources revealed a “dizzying 24 hours” in which South Africa
agreed to grant Grace diplomatic immunity, but would order her to leave
the country immediately after the Sadc summit.

Diplomatic immunity rules mean individuals cannot be directly charged –
their immunity either needs to be waived or, if the home nation refuses,
they can be kicked out of South Africa.

But under the Vienna Convention on Diplomatic Relations 1961, those
entitled to immunity are expected to obey the law.

The Department of International Relations and Cooperation (Dirco) – which
is handling the diplomatic immunity issue – declined to comment yesterday
when contacted by the Daily News.

“I have got nothing to say on the matter; we are not commenting on it,”
Dirco deputy director-general and spokesperson Clayson Monyela said.

The civil rights watchdog, AfriForum and Advocate Gerrie Nel, head of the
organisation’s Private Prosecuting Unit, told a media conference on
Thursday that they would support Engels to see that justice prevails in
the assault charge that she has brought against Grace.

Nel said he will monitor the handling of the case by the South African
Police Service (SAPS) and the National Prosecuting Authority (NPA), as
well as the implementation of private prosecution should the NPA fail to
prosecute Grace without good cause.

“Should diplomatic immunity be granted to Mrs Mugabe, AfriForum is
prepared to fight this in the highest court,” he said.

Nel said they were prepared to take a stand for justice despite enormous
pressure.

“No one, not even Mrs Grace Mugabe, must be allowed to bypass the law as a
result of their position of power,” Nel said, adding he will also direct
letters to the SAPS and the NPA to request them to take the matter further
as soon as possible.

“If they fail to do so, there is a sure possibility of private
prosecution,” Nel vowed.

Questions sent to AfriForum seeking an update on the diplomatic immunity
developments and the warrant of arrest which the investigating officer was
considering on Thursday had not been responded to at the time of going for
print yesterday.

Psychology Maziwisa, the former Zanu PF director of information and now
legislator for Highfield West, who is also a trained lawyer, told the
Daily News yesterday that there are different sources of law.

“Statutes are one and this is where the Geneva Convention, which gives
immunity only and strictly to diplomats falls under. And then there is
customary law, which enjoins courts and, in the present case, States to
recognise international customs as general practices accepted as law. For
a legal practice to be recognised under international customary law, it
must generally be applied by a majority of States,” he said.

“Unlike the Geneva Convention, international customary law does not
confine its application merely to diplomats. In fact, it deals directly
and more specifically with immunity in respect of heads of State. The
general inclination of courts worldwide has been to grant absolute
immunity to sitting heads of State. In respect of family members of heads
of State, courts have found under international customary law that it is
prudent to extend such immunity to family members in order, in the first
instance, to ensure the efficient running of government business which
would otherwise be hindered were the attention of a respective head of
State to be diverted in order to deal with a criminal prosecution of a
family member in a foreign country,” said Maziwisa.

He said more than this, courts worldwide have found that such a diversion
of attention could result in a no confidence vote being passed on an
absent head of State thereby causing potentially disastrous consequences
to the stability of a whole nation.

“In other words, it becomes a serious matter of national security. This
immunity, it must be pointed out, subsists for the entire duration of a
head of State’s, in this case … Mugabe’s tenure in office,” said
Maziwisa.

“In the circumstances, Dr Amai not only deserves diplomatic immunity, she
is entitled to it under international customary law,” Maziwisa told the
Daily News.

Stephen Chan, a professor of world politics at the School of Oriental and
African Studies at the University of London, said everyone deserves their
day in court.

“Until then, accusations are just accusations. A lot would then depend
upon the testimony of her own sons who were present. Having said that,
assault is not a normal presidential quality,” said Chan.

Piers Pigou, senior consultant at the International Crisis Group, said
this imbroglio has shone the spotlight on Grace and her suitability for
public office, and presents another test for the South African authorities
and its commitment to the rule of law.

“But perhaps that immunity can be extended by virtue of her relationship
to … Mugabe,” said Pigou.

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