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charge villager with deliberate transmission of HIV
Zimbabwe Lawyers for Human Rights (ZLHR)
September 12, 2012
have charged a 42-year-old villager for deliberately infecting his
wife with HIV.
of Sishawe village 3 in Mbembesi, Matabeleland North province, on
Tuesday 11 September 2012 appeared at Tredgold Magistrates Court
in Bulawayo to answer to charges of deliberate transmission of HIV
to his wife Geziwe Ncube, in contravention of Section 79 of the
Law (Codification and Reform) Act, Chapter 9.23.
charge that Mpofu "unlawfully and knowingly deliberately"
infected Ncube with HIV between the period October 2009 and June
2011 during the course of their marriage.
After a month
into their marriage, Ncube reportedly tested HIV positive after
undertaking an HIV test at a local hospital and went on to inform
Mpofu about the test results and asked him to also undergo the same
test which he reportedly turned down.
allege that Mpofu finally got tested for HIV sometime in 2010 when
he got sick and the results showed that he was HIV positive and
thereafter Ncube got phone calls from different women advising her
to inform her husband to stop "going around spreading HIV"
which led her to strongly believe that her husband had deliberately
infected her with HIV.
Mpofu, who was
represented by Zimbabwe Lawyers for Human Rights (ZLHR) was released
from custody on Tuesday 11 September 2011 after he was granted free
bail by Magistrate Mabiye. He returns to court on 24 September 2012,
where his lawyers will apply for referral of the matter to the Supreme
Court seeking to determine the constitutionality of Section 79 of
the Criminal Law (Codification and Reform) Act, Chapter 9.23.
Mpofu is the
latest Zimbabwean to be prosecuted for willful transmission of HIV.
In July, Bulawayo
Regional Magistrate, Owen Tagu deferred the sentencing of a woman
convicted of deliberately infecting her husband with HIV after he
referred the matter to the Supreme Court to determine the violation
of her rights.
Mlilo was convicted of deliberately transmitting HIV to her husband
in contravention of Section 79 of the Criminal Law (Codification
and Reform) Act, Chapter 9.23 by Magistrate Tagu and was due for
But her sentence
was deferred pending the hearing of the Supreme Court application
which was filed by ZLHR in which Mlilo wants the court to determine
the constitutionality of Section79 of the Criminal Law (Codification
and Reform) Act, Chapter 9.23.
cases filed by Insiza legislator Hon. Siyabonga Ncube and Harare
resident Shirley Tavengwa challenging the constitutionality of Section
79 of the Criminal Law (Codification and Reform) Act is pending
in the Supreme Court.
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