JOHANNESBURG - Family members of sitting or former heads of state do not automatically enjoy diplomatic immunity.
This is according to the Department of International Relations and Cooperation’s (Dirco) Deputy Director-General, Clayson Monyela.
Monyela said diplomatic immunity is not an inherent right extended simply by virtue of family ties. Instead, it is linked to official diplomatic status and functions.
READ: Mugabe's son makes first court appearance for shooting
If a child is formally accredited as part of a diplomatic mission, they may enjoy certain privileges accorded to diplomats under international law.
However, those privileges are not absolute and do not shield individuals from serious international crimes.
Even where a child of a current or former head of state is a permanent resident of another country, they do not automatically qualify for immunity.
"Their immunity is derived from official capacity or courtesy rather than an automatic inherent right," Monyela said.
The clarification comes amid widespread social media debate over whether Bellarmine Mugabe, son of the late former Zimbabwean president Robert Mugabe, would be subject to South African law.
READ: Police probe attempted murder after shooting at Mugabe family home
Mugabe was arrested on Thursday along with another man after allegedly shooting a 23-year-old gardener, who remains in critical condition in hospital.
The pair are expected to appear in the Alexander Magistrate’s Court on Monday.
READ: Firearm allegedly used in shooting at Mugabe family home yet to be found - police
He faces charges of attempted murder and defeating the ends of justice, after the firearm allegedly used in the incident has not yet been recovered.
Police deployed K9 units and divers to search the Mugabe family home in Hyde Park, Sandton, but the firearm has not been found.