The wife of President Robert Mugabe allegedly beat model Gabriella Engels last month.
Engels accused Mugabe of assaulting her and two friends at a luxury Sandton hotel after she had walked in on them visiting her two sons.
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Mugabe was meant to have reported to the police to make a statement about the alleged incident the day after Engels had reported the incident, but failed to do so.
He said the best thing was to serve the application on the office of the Zimbabwean president in Harare, as Grace Mugabe is married to the president, and is, therefore, a high profile person in that country. "I don't see how she even gets to the point where she can say that my daughter wanted to attack her with a knife when she's got so many bodyguards surrounding her all the time", Debbie Engels said. On August 25 the DA took the matter directly to the Constitutional Court where they filed papers to request "direct access" to argue against the decision by the minister and that it "should be set aside as wholly without legal merit and should thus be declared unconstitutional and invalid".
In the application on Tuesday, AfriForum sought the court's permission to serve the summons on Mugabe, who is not a citizen and lives outside the country.
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The court has given AfriForum until 11 October to submit further reasons why the High Commission may not intervene.
Judgment has been reserved in the case.
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