Grace Mugabe's alleged victim in bid to annul immunity
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.
BBC
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