Will Grace Mugabe face extradition now that immunity has been set aside?

FILE Former Zimbabwean first lady Grace Mugabe

Following the incident, police had vowed to prevent Mugabe leaving the country where she had been while her husband was on an official visit - but backed down after the immunity decision.

"International Relations and Cooperation Minister Lindiwe Sisulu noted the judgment by the South Gauteng High Court to set aside the 2017 decision by the Department of International Relations and Cooperation to grant former Zimbabwean first lady Grace Mugabe diplomatic immunity".

He said the decision was reviewed and set aside.

Mugabe was involved in a physical altercation with South African model Gabriella Engels past year, when Mugabe had found her in a Sandton hotel with her two sons.

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Mugabe denied assaulting Engels with an electric cable, saying an "intoxicated and unhinged" Engels had attacked her with a knife. "Even if the NPA decides not to prosecute, we will have the ability to go the route of a private prosecution with advocate Gerrie Nel", Kriel pointed out.

The National Prosecuting Authority has not responded to Eyewitness News' request for comment.

The judge said Nkoana-Mashabane's decision to "recognise immunity" was an error in law that was "fundamental and fatal". So, they will have a house that they can not visit, if she is going to stay away.

In papers filed in the High Court, Ms Engels said Ms Nkoana-Mashabane had "misconstrued her powers".

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"She got away because of political reasons".

"However, with regard to the investigation into the alleged assault of Gabriella Engels, that docket was not closed". South African advocacy group Afriforum, which represented Engels, dismissed the allegations as lies. Spies said if the NPA failed to take action, Afriforum would start proceedings against Grace Mugabe.

Acting Judge Bashier Vally said the error was "fundamental and fatal" and that the decision by the former minister of global relations and cooperation Maite Nkoana-Mashabane must be reviewed and set aside.

DA federal council chairperson James Selfe described the judgment as "a great day for justice [and] the rule of law".

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"Nobody is above the law in South Africa", he added.

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