Experts Speak on Bellarmine Mugabe’s Diplomatic Immunity Status
Following the arrest of Bellarmine Chatunga Mugabe in South Africa, questions have emerged over whether he could claim diplomatic status or immunity.
The issue gained traction on social media, prompting a response from South Africa’s Head of Public Diplomacy, Clayson Monyela.
Responding to a question on X, Monyela made it clear that there is no automatic immunity for family members of a head of state — particularly in the case of a former president.
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‘No Automatic Immunity’
Monyela explained that diplomatic immunity is not inherited and does not automatically extend to relatives.
“Family members of a head of state (in this case, former HoS), do not automatically benefit from immunity from jurisdiction in a foreign state like South Africa,” he said.
He added that diplomatic immunity generally applies when an individual is officially part of a diplomatic mission and performing recognised state functions. Even then, immunity does not protect against serious international crimes and may not apply if the individual is a national or permanent resident of the receiving country.
“In summary, their immunity is typically derived from official capacity or courtesy rather than an automatic, inherent right,” Monyela noted.
‘Purely Criminal Matter’
Speaking to IOL, political analyst and international relations expert Gideon Chitanga echoed the view that there are no clear legal grounds for immunity in this case.
“Primarily, there are no grounds for diplomatic immunity. Robert Mugabe was a former president and he is no longer alive. There are no treaties that address a situation like this,” Chitanga said.
He stressed that diplomatic immunity is not transferable to family members simply because of their relationship to a former head of state.
“This is a purely criminal matter. You cannot invoke the Vienna Convention or diplomatic immunity under these circumstances. The Vienna Convention relates to individuals acting as state representatives, not private citizens,” he explained.
Diplomatic Passport Not a Shield
Chitanga further noted that members of the Mugabe family residing in South Africa do so as private individuals, not accredited officials of the Zimbabwean government.
“They might live in South Africa, but not as representatives of the government of Zimbabwe. They live as individuals and will be treated as individuals in terms of the law,” he said.
While acknowledging that Chatunga may possess a diplomatic passport issued during his father’s presidency, Chitanga emphasised that such documentation does not automatically confer immunity.
“Holding a diplomatic passport does not mean you are immune from prosecution. Immunity is tied to official status and recognised diplomatic functions. Under the circumstances, he is not a representative of any government,” he said.
He added that although diplomatic passports may carry certain privileges, they do not provide blanket protection in cases involving serious criminal allegations.
“The only thing that could happen, subject to the rule of law in South Africa, would be some form of political engagement between Zimbabwe and South Africa. But in strict legal terms, he is facing a serious situation,” Chitanga said.
As legal proceedings unfold, officials have indicated that the matter will be handled within South Africa’s judicial framework, with no indication of special diplomatic protections.
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The post ‘Purely Criminal Matter’: Experts Speak on Bellarmine Mugabe’s Diplomatic Immunity Status appeared first on iHarare News.
