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A spokeswoman for the United States Embassy in Harare has dismissed claims by the Zimbabwean government that its diplomat is on the run after allegedly killing an 11-year-old girl in a road traffic accident in Dema, Seke District, Mashonaland East Province.
According to <a href="https://www.herald.co.zw/us-diplomat-runs-over-11-year-old-girl-flees-country/">The Herald</a>, Eric Kimpton, the US Embassy’s Second Secretary, allegedly ran over Ruvarashe Takamhanya in Dema on 03 June and left the country barely 24 hours after the tragic accident.
In an exclusive audio response to questions sent by <a href="https://www.voazimbabwe.com/a/america-refutes-harare-s-claim-that-its-diplomat-is-a-fugitive-from-justice-/7725567.html">VOA Zimbabwe</a> Service’s Studio 7, a spokeswoman for the embassy said:
<blockquote>
The US embassy expressed its sincere condolences and deep sadness regarding the tragic death of a school-aged girl near Dema, Zimbabwe on June 3rd, 2024.
The US embassy including the US diplomat involved in the accident transparently complied with local officials following the accident. The diplomat involved in the accident has since departed Zimbabwe.
US embassy representatives have been in communication with the family and community including attendance at the funeral and support for the girl’s family.
The US embassy recognizes the devastation of this accident for all involved and will continue to communicate and cooperate with the police and other officials as they complete their investigation.
Our thoughts are with the family and loved ones, of the girl.
</blockquote>
Reached for comment by VOA, Zimbabwe Republic Police (ZRP) spokesman, Commissioner Paul Nyathi said:
<blockquote>
The police who attended the scene were told by senior US embassy officials that he (Kimpton) needed a period to rest but were told later he was no longer in the country.
The documentation process hasn’t been completed and the matter is still before the police because we could not proceed with the formalities in his absence.
It appears he (Kimpton) is no longer coming back to Zimbabwe. Investigations have stalled.
</blockquote>
In an earlier interview with The Herald, the Deputy Chief Secretary to the President and Cabinet (Presidential Communications), George Charamba, said Zimbabwe will do everything possible to have Kimpton brought to justice. Said Charamba:
<blockquote>
No one, from whichever country or continent, is allowed to spill innocent Zimbabwean blood and get away with it.
The behaviour of diplomats must be consistent with the dignity of their profession but also with the expectations of the Vienna Convention.
When a diplomat is involved in a fatal traffic accident, uses the pretext of counselling, which he thinks is only available in his country, and then decides to stay away from the police, he or she moves from being a diplomat to a fugitive and there are adequate instruments which Zimbabwe can summon to bring that diplomat to account. We will do precisely that.
</blockquote>
Texas-based Zimbabwean human rights lawyer, Kennedy Masiye, told VOA that diplomats are protected under international law. He said:
<blockquote>
Diplomats are protected from prosecution under international law. Zimbabwe is a signatory to the Vienna Convention that protects diplomats from being prosecuted criminally or in civil court.”
</blockquote>
Masiye admitted that Zimbabwe can ask for a waiver, though he notes that it is up to the United States government to lift the immunity for the diplomat to stand trial.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

A girl was killed in an accident by a US diplomat in Zimbabwe. The diplomat left the country after the accident but the US embassy says he complied with the local officials. The police in Zimbabwe are still investigating. The Zimbabwean government wants the diplomat to come back for justice. However, diplomats are protected by international law. The US government can decide whether to lift the immunity and allow the diplomat to stand trial. The situation is being closely watched by both countries.

America Refutes Zimbabwe's Claim That Its Diplomat Who Ran Over A Girl In Dema Is A "Fugitive From Justice"

A United States of America Embassy official allegedly ran over and killed an 11-year-old Zimbabwean girl in June this year and immediately fled the country.
According to <a href="https://www.herald.co.zw/us-diplomat-runs-over-11-year-old-girl-flees-country/">The Herald</a>, Eric Kimpton, the US Embassy’s Second Secretary, allegedly ran over Ruvarashe Takamhanya in Dema on 03 June and left the country barely 24 hours after the tragic accident.
Dema is located in the Seke District of Mashonaland East Province, about 40 kilometres from Harare on the highway which connects the capital to Marondera.
The primary schoolgirl died on the spot from the impact of the speeding vehicle and her grief-stricken parents are seeking answers.
Kimpton, under the shield of diplomatic immunity, left the country with his family, saying he was traumatised and needed to get counselling services.
In his warned and cautioned statement, he had informed the police that he would return to Zimbabwe after two weeks but he is yet to return.
Zimbabwe Republic Police (ZRP) spokesperson Commissioner Paul Nyathi on Monday night confirmed the accident to The Herald but said there has been no progress since Kimpton is no longer in the country. Said Comm. Nyathi:
<blockquote>
The police who attended the scene were told that he needed a period to rest but were told later he was no longer in the country.
The documentation process hasn’t been completed and the matter is still before the police because we could not proceed with the formalities in his absence. It appears he is no longer coming back to Zimbabwe.
</blockquote>
In a Note Verbale to the Ministry of Foreign Affairs and International Trade, the US Embassy invoked diplomatic immunity for Kimpton to prevent his prosecution in Zimbabwe.
Deputy Chief Secretary to the President and Cabinet (Presidential Communications), George Charamba, said Zimbabwe will do everything possible to have Kimpton brought to justice. Said Charamba:
<blockquote>
No one, from whichever country or continent, is allowed to spill innocent Zimbabwean blood and get away with it.
The behaviour of diplomats must be consistent with the dignity of their profession but also with the expectations of the Vienna Convention.
When a diplomat is involved in a fatal traffic accident, uses the pretext of counselling, which he thinks is only available in his country, and then decides to stay away from the police, he or she moves from being a diplomat to a fugitive and there are adequate instruments which Zimbabwe can summon to bring that diplomat to account. We will do precisely that.
</blockquote>
Under the 1961 Vienna Convention on Diplomatic Relations, foreign diplomats and family members enjoy certain protections that allow them to avoid prosecution for almost any crime unless the diplomat’s home country waives immunity.
If the United States refuses to waive the diplomatic immunity, Zimbabwe could then be forced to declare Kimpton a persona non grata (an unwanted person).
Persona non grata is a diplomatic term that refers to a person who is unacceptable or unwelcome in a particular country.
When a person is declared persona non grata, it means the host country has essentially revoked or refused to recognise that individual’s diplomatic status or credibility.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

An American diplomat in Zimbabwe hit and killed an 11-year-old girl named Ruvarashe. The diplomat, Eric Kimpton, then left the country with his family. The girl's family is very sad and looking for answers. The diplomat said he needed counseling and left the country. The police can't do anything since he has diplomatic immunity. Zimbabwe is trying to bring him back to face justice. If the US doesn't cooperate, Zimbabwe may have to declare the diplomat "persona non grata," which means he is no longer welcome in the country.

American Diplomat Runs Over 11-year-old Girl In Dema, Flees Country

A Zimbabwean top diplomat, Macmillan Moyana, 35 was arrested for allegedly barging into a home in Montgomery County, United States while shouting incoherently.
Moyana reportedly went to a house along Tulip Drive at 2:20 AM on a Friday in late January where he simultaneously banged the door and shouted “Madam, Madam! It’s you,” shocking the owner of the house who had her two young children.
ABC’s Washington D.C. affiliate, WJLA TV, reported. that the owner of the house opened the front door of her house her front door thinking it was a friend, family member or neighbour in need of assistance.
When the door opened, Moyana Treportedly tried to bumrush the door, forcing entry into the house, hitting the woman with the door as he did. He is also believed to have broken the panel of the door but the owner of the house was able to force him back and lock the door.
Moyana is said to have continued to shout “Madam!” from outside the home, went window to window, banging on them loudly while the woman was calling the police.
He was later arrested and held at the Montgomery County Detention Center on charges of home invasion, second-degree assault, third-degree burglary, reckless endangerment, and trespassing which all carry a combined total of up to 50 years in prison.
Moyana was however granted diplomatic immunity. The Zimbabwean embassy in the USA claims that Moyana is back in Zimbabwe. The cause of Moyana’s behaviour is not known.
More: <a href="https://wjla.com/news/local/police-high-level-embassy-of-zimbabwe-diplomat-breaks-into-home-gets-diplomatic-immunity">WJLA</a>

Top-Level Zimbabwean Diplomat Arrested In USA For Barging Into A Home

South African Minister of International Relations and Cooperation, Lindiwe Sisulu said they will not appeal a South Gauteng High Court judgment that ruled the decision to grant former Zimbabwean first lady Grace Mugabe diplomatic immunity was “an error of law”.
Sisulu said they have studied the judgment and came to the conclusion that they will not appeal. On July 30, Acting Judge Bashier Vally ruled that the decision by South Africa’s former minister of international relations and cooperation Maite Nkoana-Mashabane to grant Mugabe diplomatic immunity must be reviewed and set aside.
Mugabe was accused of using an electrical extension cord to assault Gabriella Engels, a Johannesburg-based model, in August last year. The former first lady secretly fled the country and Nkoana-Mashabane later granted her immunity. If she visits South Africa, Mugabe could face police questioning. Meanwhile, AfriForum and the Democratic Alliance (DA) have urged the authorities to reissue the arrest warrant against Mugabe and ensure she is prosecuted on a charge of assault.
More: <a href="https://www.news24.com/SouthAfrica/News/govt-wont-appeal-grace-mugabe-immunity-judgment-20180802">News24</a>, <a href="http://ewn.co.za/2018/08/03/sisulu-sa-govt-won-t-appeal-grace-mugabe-diplomatic-immunity-ruling">EWN</a>

South African Govt Will Not Appeal Grace Mugabe Diplomatic Immunity Judgement

A lawyer representing South Africa’s foreign ministry, Advocate Hilton Epstein SC, told the Pretoria High Court on Thursday that the minister accepts that Grace Mugabe’s diplomatic immunity no longer exists. However, Epstein said the minister did not confer diplomatic immunity on Zimbabwe’s former first lady arguing that she already had it thus the minister could not give her something she already had.
Grace was granted diplomatic immunity following her alleged assault of Gabriella Engels in Johannesburg last year. The Democratic Alliance (DA) and AfriForum have approached the court to have the International Relations Department’s decision to grant Mugabe amnesty reviewed and set aside. The matter continues tomorrow.
More: <a href="https://www.iol.co.za/news/south-africa/gauteng/sa-didnt-grant-grace-mugabe-immunity-only-recognised-it-court-told-14885964">IOL</a>, <a href="https://www.news24.com/SouthAfrica/News/diplomatic-immunity-for-grace-mugabe-was-unconstitutional-court-hears-20180510">News24</a>

Grace Mugabe Diplomatic Immunity No Longer Exists

President Emmerson Mnangagwa has denied reports that he gave his former boss Robert Mugabe and his family immunity from prosecution as part of his retirement package.
Mnangagwa disputed the Zimbabwe Anti-Corruption Commission (ZACC) commissioner responsible for investigations, Goodson Nguni’s claims that only Mugabe had immunity from arrest.
<ul>
<li>
<h3><a href="https://news.pindula.co.zw/2018/01/07/grace-mugabe-faces-arrest-over-corruption-allegations-only-robert-mugabe-has-immunity/">Also Read: Grace Faces Arrest Over Corruption Allegations, Only Robert Mugabe Has Immunity Says ZACC</a></h3>
</li>
</ul>
Said Mnangagwa:
<blockquote>No, we have not given anybody any immunity. What I have promised to my former president and the founding father of our nation, our icon former President Mugabe is that we have given him a package. A very lucrative package.
We are not saying that if anybody commits a crime then their former status will stop the police from dealing with that issue. But I’m saying that the new administration will do everything possible to ensure that the family lives in peace undisturbed.</blockquote>
Mnangagwa highlighted that there will be no scared cows when dealing with corruption. He however said that justice will not be applied retrospectively.

No Immunity For Grace And Robert Mugabe: Mnangagwa

The Zimbabwe Republic Police (ZRP) has again turned down a request to hold a demonstration against the granting of diplomatic immunity to Grace Mugabe by the South African government.
The National Electoral Reform Agenda (NERA) wants to demonstrate at the South African embassy in Belgravia, Harare and handover a petition. However in a latest move to frustrate NERA’s efforts, ZRP has requested for a clearance from the South African embassy. The letter signed by Harare Central District Chief Superintendent Chizemo and addressed to Tawanda Kalonga, reads:
<ol>
<li>
<blockquote>Reference is made to your letter of notification to hold a demonstration at South African Embassy situated at number 7 Elcombe Street, Belgravia Harare, where you also intend to handover a petition. </blockquote>
</li>
<li>
<blockquote>Your attention is drawn to the Priviledges and Immunities Act, Chapter 3.03 and in particular article 22(1) and (2).</blockquote>
</li>
<li>
<blockquote>In view of the above, you are first to get a clearance letter from the Embassy concerned and favour my office with a copy of that Ietter for further processing of your notification.</blockquote>
</li>
</ol>
Last month, Zanu-PF held a solidarity march for Grace Mugabe on the same day NERA intended to hold the demonstration.

'Get clearance from SA Embassy to hold Grace Mugabe demo', ZRP tells NERA

In a letter dated August 28, South Africa’s International Relations and Co-operation Minister Maite Nkoana-Mashabane rejected Parliament’s invitation to account for her decision to grant Zimbabwean First Lady Grace Mugabe diplomatic immunity stating that the matter is now before the courts, and therefore deemed sub-judice. Sub-judice means a matter is under judicial consideration and is therefore prohibited from public discussion elsewhere.
Said Nkoana-Mashabane:
<blockquote>As such this matter is now before the courts, and therefore deemed sub-judice. I hereby request the portfolio committee to consider this matter after the courts shall have adjudicated on it.</blockquote>
Democratic Alliance (DA) MP Stevens Mokgalapa opposed the minister’s explanation saying it is a misuse of the sub-judice rule, and did not apply in the Grace Mugabe case.
More: <a href="http://www.news24.com/SouthAfrica/News/minister-rejected-invitation-to-explain-grace-mugabe-decision-20170906">News24</a>

Minister rejects invitation to explain decision to grant Grace Mugabe diplomatic immunity

Addressing journalists in Pretoria, South Africa on Wednesday Minister of International Relations Maite Nkoana-Mashabane said that granting Zimbabwe’s first lady Grace Mugabe diplomatic immunity was painful.
Despite saying that she said that she did so because she was following the law. Said Nkoana-Mashabane:
<blockquote>I am here. My name is Maite Nkoana-Mashabane. [I am] a very responsible mother, you can ask my children. Others know I am very supportive. It’s been a very painful exercise. It still is. Having said that, we are following the law.</blockquote>
Mashabane said she had written to Mbete and the chair of Parliament’s international relations portfolio committee, Siphosezwe Masango, to report on the matter. A date will be set for the minister to appear before the committee. Grace Mugabe was accused of beating model Gabriella Engels (20) with an extension cord. Engels said she sustained deep cuts to her forehead and the back of her head. She registered a case with the police the next day, alleging assault with intent to do grievous bodily harm.
More: <a href="https://reportfocusnews.com/news/2017/08/23/sa-minister-granting-grace-mugabe-immunity-painful/">Report Focus</a>

Granting Grace Mugabe diplomatic immunity was painful: SA Minister

A copy of the Government Gazette from the South African authorities, granting First Lady Grace Mugabe diplomatic immunity for the alleged assault of South African model Gabriella Engels with an electric extension cable at a Sandton hotel.<img alt="" class="alignnone size-full wp-image-27327" decoding="async" height="1200" loading="lazy" sizes="(max-width: 1107px) 100vw, 1107px" src="http://news.pindula.co.zw/wp-content/uploads/2017/08/Grace-Diplomatic-Immunity.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2017/08/Grace-Diplomatic-Immunity.jpg 1107w, https://news.pindula.co.zw/wp-content/uploads/2017/08/Grace-Diplomatic-Immunity-277x300.jpg 277w, https://news.pindula.co.zw/wp-content/uploads/2017/08/Grace-Diplomatic-Immunity-768x833.jpg 768w, https://news.pindula.co.zw/wp-content/uploads/2017/08/Grace-Diplomatic-Immunity-945x1024.jpg 945w, https://news.pindula.co.zw/wp-content/uploads/2017/08/Grace-Diplomatic-Immunity-600x650.jpg 600w" width="1107"/>

Copy of South Africa Government Gazette	granting Grace Mugabe immunity

The South African government has been advised that First Lady Grace Mugabe does not qualify for diplomatic immunity for her alleged assault of model Gabriella Engels. This is despite the fact that Grace was travelling on a diplomatic passport. Senior government officials told the Mail and Guardian:
<blockquote>If she had come here as part of the official delegation of Zimbabwe to participate in the summit, she would have had diplomatic immunity. But even there, it becomes what we call functional immunity. In other words, it’s limited to if she does anything in relation to the summit. If anything goes wrong, she’s covered diplomatically because she’s part of the official delegation.
So even if right now they retrospectively put her as a travelling member of the delegation that is here for the SADC summit, it would still not be enough because what happened in Sandton is not linked to the summit.</blockquote>
Cathleen Powell, a senior public law lecturer at the University of Cape Town added:
<blockquote>The immunity relating to a particular international summit [such as the SADC summit] is covered by the agreement setting up the summit. Unless that agreement specifically covers the spouses of heads of state attending, she won’t be covered. The fact that she is on his arm at an international event does not make her a diplomat and does not give her immunity.</blockquote>
More: <a href="https://mg.co.za/article/2017-08-18-00-government-lawyers-no-diplomatic-immunity-for-grace">Mail and Guardian</a>

"No diplomatic immunity for Grace" - SA Govt lawyers

As you may already know, he South African police has confirmed that Zimbabwe’s First Lady <a href="http://news.pindula.co.zw/2017/08/16/s-ministry-police-confirms-grace-south-africa-claiming-diplomatic-immunity/#.WZZzwjCg_Dc" rel="noopener" target="_blank">Grace Mugabe has decided to use diplomatic</a> immunity in order to be covered  from the possible consequences of her <a href="http://news.pindula.co.zw/2017/08/14/grace-mugabe-beats-girl-south-africa-girls-mother-appeals-grace-arrested/" rel="noopener" target="_blank">alleged crime of beating up a South African girl with an extension code</a>.
Said the SA police:
<blockquote>…the Government of Zimbabwe has dispatched a diplomatic note verbale to the Department of International Relations and Cooperation invoking said Diplomatic Immunity cover.</blockquote>
In case you are wondering what the the law in South Africa says about Diplomatic immunity, here’s a download:
<h2><a href="http://news.pindula.co.zw/wp-content/uploads/2017/08/diplomaticimmunitiesandprivilegesact.pdf" rel="noopener" target="_blank">Diplomatic Immunities and Privileges Amendment Act 35 of 2008 (PDF)</a></h2>
It makes it clear what the law says about diplomatic immunity and therefore the chances that Grace Mugabe’s incident will be covered.

Download: What the law in South Africa says about Diplomatic Immunity

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