Consular Official in L.A. May Face Assault Charges

Los Angeles police said Friday they will seek charges against a South African consul who allegedly fought with his wife, then claimed diplomatic immunity when questioned by officers.

Detectives expect to present a case to the district attorney’s office Monday to determine whether to charge Mpendulo Kumalo, a member of Los Angeles’ large but little-known diplomatic community, with felony spousal assault, police said.

Kumalo, 42, a career consular official who may be in line to replace the outgoing consul general, summoned officers to his North Hollywood home about 2:30 a.m. Thursday after an argument with his wife in which he allegedly pushed and scratched her, police said.

Because there was evidence of an assault, the law would normally require investigators to arrest Kumalo. But in this case, he produced an identification card showing he had immunity, police said.

Detectives did not learn until later that Kumalo has a shield from prosecution only while he is performing an official function, not the full immunity granted to top diplomats and their families.

While Kumalo may still try to use his status as protection, U.S. officials said his prospects for success are dim.

“I can’t imagine how he would convince a judge that it was somehow connected to his official duties,” said Evan Press, regional director for the State Department’s Office of Foreign Missions.

Kumalo did not return a phone call seeking comment.

Los Angeles’ consular community includes representatives from 83 countries. From time to time, a diplomat’s run-in with police can stoke a debate over diplomatic immunity--a privilege that has allowed suspects to escape prosecution for a range of crimes from drunk driving to rape.

To prosecute a diplomat or consular official who is protected by immunity, the State Department must persuade the suspect’s embassy to issue a waiver. It is rare for a foreign country to allow its representatives to stand trial in the United States: In 1996, State Department officials sought waivers in 22 cases in Washington, home to the largest number of diplomats in the U.S. None were granted.

Even if a country refuses to waive its representatives’ immunity, it often reassigns them to another post or simply calls them home. In extreme cases, the secretary of state can declare a foreign diplomat persona non grata and expel him or her from the United States.

In Los Angeles, authorities encounter comparatively few incidents, usually two or three drunk driving arrests per year, Press said. A drunk driving case is pending now against the consul general of Guatemala, he said.

Police also praised the local consular corps.

“We’re talking about quality people here,” said LAPD Cmdr. Maurice Moore, the department’s government liaison officer. “These foreign countries don’t send people over here to cause a ruckus.”

Moore said the Kumalo case will be treated like any other domestic violence case.

When police went to Kumalo’s home Thursday, they found that his wife had suffered scratches to her back and left arm, Lt. Anthony Alba said. Officers asked her whether she felt she was in danger or whether she wanted medical treatment, and she said no, Alba said.

Officers could arrest Kumalo now because they have determined that his immunity does not extend to his family life, but they will not because his wife is not in danger, Alba said.

Records on file in Los Angeles Superior Court describe a family in turmoil. Kumalo and his 40-year-old wife separated in May after six years of marriage, records show, and she accused him of refusing her access to bank accounts, failing to buy enough food for the family and abusing her and their two children. She also alleged that he had flown his girlfriend to the United States from South Africa.

In the documents, Kumalo disputed his wife’s allegations, saying that he never refused to provide for the family and that she often spent food money on extravagant purchases for herself.

He said he expects to receive a new assignment from the South African government next month, the records show, but it was not clear where that would be.

Police said Kumalo’s wife was awarded custody of the children, ages 5 and 11, on Friday, but that could not be confirmed.

A spokesman for the South African Embassy in Washington said it was too early to comment on Kumalo’s case.