News / National
Granting Grace diplomatic was more political motivated - Obert Gutu
22 Aug 2017 at 06:45hrs | Views
MDC-T spokesperson Obert Gutu has said the South African government's granting of first lady Grace Mugabe a diplomatic immunity was mostly political motivated than being justice oriented.
"The granting of diplomatic immunity to Grace Mugabe was more of a political rather than a legalistic decision.South Africa found herself in a state of serious diplomatic bother as soon as the issue of diplomatic immunity was raised by Grace's legal team as well as the Government of Zimbabwe," Gutu said.
"The need to preserve and maintain cordial and fraternal relations between Zimbabwe and South Africa was more pressing and paramount than the need to let the law take its course.Strictly speaking and in accordance with the tenets of public international law on the subject of diplomatic immunity,Grace didn't qualify to be granted immunity."
He said firstly,she is not a government official and neither was she on any specific government business as a special envoy or something like that when she battered and assaulted Gabriella Engels in that hotel room a few days ago.
"Grace was purely on a personal and private frolic of her own.Being married to a Head of State doesn't necessarily grant diplomatic immunity to Grace.Travelling on a diplomatic passport also doesn't necessarily mean that the holder of such a passport is automatically entitled to diplomatic immunity for whatever legal transgressions that they might commit in a foreign land," he said.
"The long and short of it is that the diplomatic immunity that was granted to Grace Mugabe was legally incompetent and procedurally improper.It was simply a political decision that cannot successfully withstand legal scrutiny in a competent court of law."
"The granting of diplomatic immunity to Grace Mugabe was more of a political rather than a legalistic decision.South Africa found herself in a state of serious diplomatic bother as soon as the issue of diplomatic immunity was raised by Grace's legal team as well as the Government of Zimbabwe," Gutu said.
"The need to preserve and maintain cordial and fraternal relations between Zimbabwe and South Africa was more pressing and paramount than the need to let the law take its course.Strictly speaking and in accordance with the tenets of public international law on the subject of diplomatic immunity,Grace didn't qualify to be granted immunity."
He said firstly,she is not a government official and neither was she on any specific government business as a special envoy or something like that when she battered and assaulted Gabriella Engels in that hotel room a few days ago.
"Grace was purely on a personal and private frolic of her own.Being married to a Head of State doesn't necessarily grant diplomatic immunity to Grace.Travelling on a diplomatic passport also doesn't necessarily mean that the holder of such a passport is automatically entitled to diplomatic immunity for whatever legal transgressions that they might commit in a foreign land," he said.
"The long and short of it is that the diplomatic immunity that was granted to Grace Mugabe was legally incompetent and procedurally improper.It was simply a political decision that cannot successfully withstand legal scrutiny in a competent court of law."
Source - Byo24News
