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Zimbabwe Embassy pulls out of Grace Mugabe’s assault case

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The Zimbabwean Embassy has withdrawn its participation in the matter brought by model and civil rights group Afriforum to review the diplomatic immunity the South African government granted to first lady, Grace Mugabe.

The applicants approached the High Court in Pretoria to seek permission to serve Mugabe with papers through the Zimbabwean Embassy in Pretoria.

Mugabe allegedly assaulted 20 year old Engels with an electrical cord after she found her with her two sons at an upmarket Sandton hotel in August.

Afriforum brought an application seeking assurance that the Zimbabwean first lady will be able to receive court papers through the embassy. The embassy intervened in the matter, opposing Afriforum’s request, saying Mugabe does not live at the embassy.

Judge Harshla Kooverjee granted the embassy leave to oppose the matter. She has given the embassy seven days to file papers stating on what basis it wants to be involved in the matter.

“Leave is granted to the intervening party to file an affidavit within seven days from this order, if so advised to set out whether it has a mandate from the second respondent to represent her in respect of the proceedings. Part A of the application and if not to set out concisely on what basis it has a right to intervene in these proceedings,” said judge Harshla Kooverjee.

However, it now seems the matter will take another turn, as the embassy has decided to withdraw its participation in the matter. The embassy says it’s pulling out as its legal representative, Advocate Simba Chitando, says he has been receiving threats.

Chitando couldn’t elaborate on the nature of threats: “The conduct of various individuals in this matter has made the future involvement of Zimbabwean embassy undesirable. The Zimbabwean embassy regardless of the outcomes of these proceedings shall no longer participate in this hearing.”

AfriForum has welcomed the Embassy’s decision. Lawyer Willie Spies says the withdrawal will make things easier for them to proceed with the matter: “If they decide not to use the opportunity, it will at least be the end of the road with regard to this specific application and our review proceedings will carry on and we can approach the court again on an unopposed basis .”

Spies has criticised the embassy for intervening in the first place. He believes this was a strategy to buy time. “The mere purpose of the involvement of the embassy from the outset was to frustrate the process, to delay the process, and to ensure that justice is delayed. Fortunately they have now withdrawn which makes the whole process further easier.”

Mugabe has denied assaulting Engels and alleges the model is the one who attacked her.

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Friday 6 October 2017 15:15

Phumzile Mlangeni

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