The high court in Johannesburg has set aside the decision by the department of worldwide relations to grant former Zimbabwean first lady Grace Mugabe diplomatic immunity.
AfriForum launched a court application to have the controversial decision set aside.
Mugabe is accused of assaulting model Gabriella Engels at a hotel in August previous year.
Grace Mugabe, wife of the deposed Zimbabwean dictator, has been stripped of the diplomatic immunity she was granted over an alleged attack on a nightclub hostess in Johannesburg a year ago.
The young men were also reportedly beaten by their mother who insists she hit Engels in self-defence.
The decision was "inconsistent with the constitution", the court ruled.
In May, Advocate Hilton Epstein, SC representing the department of worldwide relations and cooperation argued that the South African government did not grant diplomatic immunity to Mugabe, but only recognised it after the 2017 assault charge.
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The news from the South African court came as former president Mugabe (94), accompanied by his wife and daughter Mrs Bona Chikore, cast his vote at Mhofu Primary School in Highfield township, the first election that does not include his name on the ballot paper since the country gained independence from Britain in 1980.
The then first lady secretly fled the country and Nkoana-Mashabane later granted her immunity.
In a letter signed by Dirco's director-general to the the acting police commissioner informing him of the decision, it is stated that Nkoana-Mashabane had conferred immunity on Mugabe, and that it allowed for her to do so if it was "in the interest of the Republic".
James Selfe, chairman of the DA's federal council, has been unambiguous on the matter and said an arrest warrant must be issued following the judgment.
The Democratic Alliance and AfriForum spearheaded the motion to have the court nullify the government's decision to offer her diplomatic immunity, with the organisations stating the decision was unconstitutional.
"We said all along that Grace Mugabe was not entitled to diplomatic immunity and the South African government chose to use expediency as a principle". Lawyer Willie Spies said if the NPA failed to take action, Afriforum would start proceedings against Mugabe.