By Lehlohonolo Lehana.
Image: Chatunga Mugabe/Facebook.
The Activists and Citizens Forum called on authorities to treat the attempted murder case linked to the son of Robert Mugabe as a criminal matter.
The calls follows concerns that he could rely on diplomatic immunity to avoid prosecution in South Africa.
Chatunga Bellarmine Mugabe was one of two men detained and taken in for questioning over the shooting of an employee at the Mugabe family home.
SA Police Services (SAPS) said both were later placed under arrest and would face charges of attempted murder.
Mugabe is the youngest son of Zimbabwe’s former leader, who died in 2019, and his second wife, Grace Mugabe.
The shooting occurred at the Mugabe’s home in a plush Johannesburg suburb and that he was seen in handcuffs in the driveway.
Police said that an employee at the house had sustained a single gunshot wound and was in a critical condition, though it wasn’t clear how many shots in total were fired.
The victim remains in critical condition in hospital, while police continue to search for the firearm used in the attack.
Dennis Bloem speaking on behalf of the forum said, authorities must ensure the two accused don’t receive preferential treatment so that justice can be served.
“The court must send out a strong message that criminality will not be tolerated in this country. We will monitor this case. The victim must get justice.”
The two men are expected to appear in the Alexandra Magistrate Court on Monday, 23 February 2023.
Experts said there are no clear legal grounds for diplomatic immunity in Chatunga’s case.
The debate over diplomatic immunity echoes the legal controversy surrounding Chatunga’s mother.
In 2017 Grace was accused of assaulting a model in Johannesburg. At the time, she sought to rely on diplomatic immunity. However, her claim was legally challenged in South African courts.
Subsequent court rulings found that the immunity granted to her was unlawful, reinforcing that diplomatic protection is not automatic and must comply with legal requirements under both domestic and international law.
The Vienna Convention on Diplomatic Relations, adopted in 1961, governs diplomatic relations between states and sets out the privileges and immunities accorded to accredited diplomats.
South Africa is a signatory to the Convention and incorporates its principles into domestic law.
Under Article 29, a diplomatic agent is inviolable and may not be arrested or detained by the host country. Article 31 provides immunity from the criminal jurisdiction of the receiving state.
However, these protections apply strictly to diplomats who are formally accredited and recognised by the host state. Article 37 extends certain immunities to family members — but only if they form part of the household of an accredited diplomat serving in the host country.
The Mugabe family has opted to distance itself from various statements circulating in the media after the incident, emphasising that these communications do not represent their views or position.
In a media statement issued by the family through its lawyers, the family said it noted “with concern various statements and communications circulating in the media purporting to represent the views and position of the family”.
It stated unequivocally that it had “not appointed, authorised, or mandated any public relations team, media consultant, or spokesperson to speak on its behalf”.
“Accordingly, any statements, commentary, or representations made by any third party claiming to act for or represent the family are false and should be disregarded in their entirety,” the statement read.
The family further directed that all media enquiries be referred to its legal representatives.
“All media enquiries and requests for comment are to be directed to the family’s legal representatives. No other individual or entity is authorised to engage with the media on behalf of the family,” it said.
Robert Mugabe led Zimbabwe for 37 years before he was deposed in a coup in 2017. He died two years later in Singapore at the age of 95.
The Mugabe family has been embroiled in several criminal cases over the years.
Chatunga Mugabe’s older brother, Robert Mugabe Jr., was fined $300 last year after admitting to possession of marijuana in Harare, Zimbabwe.