Grace Mugabe's alleged victim in bid to annul immunity
Mrs Mugabe is accused of hitting a model with an extension cable |
The woman who has accused Zimbabwe's First Lady Grace
Mugabe of assaulting her has mounted a legal challenge against the South
African government for giving her diplomatic immunity.
Gabriella Engels said in court papers that a head of state,
let alone a first lady, failed to qualify for immunity when accused of a serious
crime.
Mrs Mugabe left South Africa on Sunday.
She has not commented on Ms Engels' allegation that she
"beat the hell out of me" in a Johannesburg hotel.
The South African Police Service (SAPS) investigated the
alleged assault, which took place on 13 August.
But they failed to charge the first lady after President
Robert Mugabe's government claimed diplomatic immunity on her behalf.
South Africa's International Relations Minister Maite
Nkoana-Mashabane said she had "agonised" about granting Mrs Mugabe
immunity.
She agreed to the request after taking into account
"legal considerations" and the need to main "inter-governmental
relations" with Zimbabwe, Ms Nkoana-Mashabane said.
In papers filed in the High Court in the capital, Pretoria,
Ms Engels, a 20-year-old model, said the minster "misconstrued her
powers" and her decision should be declared invalid as it "lacks
legality", South Africa's privately owned Times
Live news site reports.
Heads of state who killed or injured people in South Africa
did not qualify for immunity under the Foreign States Immunities Act and there
was therefore no way that their spouses qualified for it, Ms Engels was quoted
as saying.
Lobby group AfriForum, which is representing Ms Engels, said
that if the court challenge was successful, Mrs Mugabe, 52, risked prosecution
if she ever returned to South Africa.
Ms Nkoana-Mashabane has not yet commented on the court
challenge.
No date has been set for a hearing.
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