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Minister Maite Nkoana-Mashabane last year, after Joburg's model, Gabriella Engels, opened a case of badault with the intent to inflict serious bodily harm [19659003whichallowedMugabetoreturntoHarareZimbabweHewasreportedlybadaultedwithanextensioninaSandtonhotelafterMugabefoundhimintheroomwithhissonslastAugust
But on Monday, Judge Bashier Vally rescinded the ruling, stating that it was illegal and unconstitutional.
"I conclude that Dr. Mugabe is not immune from the jurisdiction of our courts and that the Minister's decision to" recognize "or" grant him immunity "was unconstitutional and illegal, "reads in Vally.
was reviewed and set aside.The minister was also ordered to pay the costs of the application.
Kallie Kriel, chief executive officer of AfriForum, stated that the organization of civil rights was exalted.
"This means that there will be justice for Miss Gabriella Engels, who is the victim this case. From the outset, we said that the diplomatic immunity granted to Ms. Mugabe was illegal, "Kriel said.
He said that Mugabe simply escaped for political reasons
"Now that it has been set aside, we can ensure that there is equality before the law . "
"The police will now investigate the NPA (National Prosecuting Authority) can then sue
" We also told Miss Engels that we would attend. Even if the NPA decides not to prosecute, we will have the opportunity to initiate a private proceeding with defender Gerrie Nel, "said Kriel
.
He said that there were international treaties that could be relied on to ensure that Mugabe returned to South Africa to face charges
"The Mugabe people have a house in Sandton that is worth more than 40 million rand.So they will have a house that they can not visit, if she wants to stay away.We are confident that there will be ways to
"If she is convinced that she is not guilty, well, she has the same rights as any other defendant." We are happy with the fact that she is not guilty. she will be able to give her side of the story and let the law take its course, "added Kriel.
South NPA spokeswoman Gauteng Phindi Mjonondwane said they would not comment, as was the case with the police.
Brigadier Vishnu Naidoo, spokesman for the National Police, said the police would study the judgment.
"However, with regard to the investigation into the alleged aggression of Gabriella Engels, this file was not closed." Naifoo said:
AfriForum and the legal representative of Engels, Willie Spies, said the ruling paves the way for the commencement of lawsuits against Mugabe.
"AfriForum believes that the NPA should act in this regard, but if it is not not the case, Gerrie Nel and AfriForum's private prosecutions unit are ready to sue Mugabe privately, "said Spies
.
The Minister of International Relations and Cooperation, Lindiwe Sisulu, said that he took note of the judgment, adding that the department would study it and comment on it later if necessary
James Selfe, President of the Federal Council . because there was a "very important principle at stake."
"Nobody is above the laws in South Africa," he added.
The Star Function
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