Diplomatic immunity: How it could be granted to Grace Mugabe

The South African Police Service (SAPS) has indicted that it is ready to proceed with the case, but will wait for the Department of International Relations (Dirco) to provide further guidance. 

James Grant, associate law professor at the University of the Witwatersrand, says diplomatic immunity is something that is granted to a special envoy or special representative of a country.

"That is the first issue, whether she was indeed a special envoy or representative of her country. The indications so far are that she was visiting South Africa in her personal capacity. Therefore she wouldn't be able to rely on the immunity.

"The other difficulty she would have is that these individuals are required to be registered by the minister of foreign affairs in the Government Gazette, which has to be published. And the wording there is that the minister must publish the names of these people, and that until the publication of the names is effective, obviously there can be no such immunity." 

Grant says to his knowledge, Mugabe's name has not been published in the Government Gazette. 

"Therefore on the basis of that alone, in addition to the other one, she wouldn't have this diplomatic immunity. And so she would be subject to the criminal law of South Africa, as we all are."