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Judgment due on where Grace Mugabe should be served with court papers

By Mxolisi Mngadi | News24.com |

The High Court in Pretoria is expected to deliver its judgment on Friday on the application brought by model Gabriella Engels and AfriForum to serve Zimbabwean first lady Grace Mugabe with court papers.

Gabriella Engels and Grace Mugabe
Gabriella Engels and Grace Mugabe

The application came after Mugabe allegedly assaulted Engels with an extension cord on August 13 and was granted diplomatic immunity by International Relations and Cooperation Minister Maite Nkoana-Mashabane.

Mugabe has reportedly denied that she assaulted Engels, 20, after she allegedly found her with one of her two sons, Chatunga Bellarmine, in a hotel room in Sandton.

Judge Harshila Kooverjile has to decide whether Mugabe should be served court papers at the Zimbabwean embassy in South Africa or in person in her home country. 

On September 19, the embassy applied to become an intervening party in AfriForum’s application to see a decision by Nkoana-Mashabane to grant Mugabe diplomatic immunity set aside.

In what is AfriForum’s first hurdle in its application, it has to get permission to serve papers on Mugabe, who is in a foreign country.

AfriForum lawyer Advocate Etienne Labuschagne and Advocate Simba Chitando, for the embassy, had spent almost three hours in the High Court on September 19 arguing the technicalities of where Mugabe should be served papers.      

Labuschagne had argued that the embassy had no right to oppose the application “as the case was between AfriForum and the court”.

Complex issue

Labuschagne said AfriForum had the right to institute proceedings before the court as it wanted to serve Mugabe at the president’s office in Zimbabwe.

But Chitando said the first lady doesn’t reside there.

Chitando told the court that the issue was complex, and that this had not been a proper ex parte application. 

He also said AfriForum had no right to oppose the embassy as an intervening party.

Labuschagne argued that AfriForum was dealing with a high-profile wife of a president, not someone who needed to be traced.

He said the organisation needed to serve Mugabe papers at a location where the proceedings would be brought to her attention. 

Judge Kooverjile asked AfriForum and the embassy to prepare short heads of arguments on why certain rules applied or not.

She reserved judgment for Friday. 

  • izvi zvinonyadzisa izvi amai vemutungamiri wenyika vaakuendeswa kumatare nemwana mudiki nekuda kwekushaya hunhu

  • Anomisidzana nevarume too much ndaaendeswe

  • It’s South Africa not here in Zimbabwe where she runs the show.

  • Yah shuwa

  • that disgrace deserves a severe punishment, pamwe angadzikame, hatina kumbonzwa kuti Sally akamboita mashura akadai

  • She has to come and face the law this lunatic bitch

  • :@:

    Latest:

    In a surprising twist in the matter involving Zimbabwean first lady
    Grace Mugabe, the country’s embassy has decided to withdraw from the
    matter as an intervening party claiming its lawyer had received threats.

    The
    lawyer representing the embassy, Simba Chitando, told the media that:
    “I have received instructions from consul general of the Zimbabwean
    embassy which reads: ‘I have read the memorandum by Adv (Simba) Chitando
    our counsel of record and have personally seen various threats made
    against him while representing the Zimbabwean embassy.’

    “The
    conducts of various individuals in this matter has made the Zimbabwean
    embassy and its future involvement in this matter undesirable.”

  • Kamwana kacho kanodawo zvinhu

    • Let justice take its course,this whore Grace has no right to go about beating up people wherever she goes.

    • Yes that’s right man but we will talk again and again until we talk no more but justice not prevail, we are living in a world of unfairness

    • I personally blame the S.A gvt

  • Whts delaying those papers ,serve this bitch who takes law in her dirty hands , thez no first lady like this shame for u grace

  • Jis

    For any latest updates read south african newspaper newswire24 for updates on Disgrace

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