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Siyabonga Malandu Ncube who is facing a charge of deliberately infecting a senior Bulawayo female journalist with HIV to undergo tests to determine his HIV status.
Mr Dzira ordered that Ncube be tested by a Government doctor before his matter goes to trial. Soon after Ncube was remanded to 21 July pending the results of the tests.
His lawyer, Mr Mlweliwenkululeko Ncube, of Munjanja and Associates however, sought leave to have the court’s judgment reviewed by the High Court.
Mr Dzira, who had handed a brief judgment, indicated that the reasons for allowing the application to have Ncube tested for HIV would be ready today.
In his application to the court, the regional prosecutor-in-charge at the Bulawayo regional courts, Mr Patrobs Dube noted that the case was supposed to go for trial yesterday but could not proceed because Ncube has not been tested for HIV.
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He said the State had hoped Ncube would have been tested but the police had not taken him for the tests although they had been directed to do so.
It was his evidence that police had not approa-ched Ncube because he had earlier refused to undergo an HIV test.
In response, the defence lawyer Mr Ncube argued that they were opposed to the postponement of the trial stating that this was a delay by the State to try and strengthen their otherwise weak case. He noted that the State had been given a two-week notice and did nothing adding that if the postponement is allowed it would amount to allowing the State’s laxity in approaching the case. He argued that the law that the State was relying on in trying to have his client tested did not apply to the charge which his client is facing.
Mr Ncube urged the court not to allow the State to smuggle laws that are not applicable to the circumstances of the case that his client is facing.
He argued that the State was just trying to prevent him from making an application for refusal of remand on the charge pertaining to deliberately infecting someone with HIV. Ncube was again not formally charged with contravening Section 79 (b) of the Criminal Law (Codification and Reform) Act, Chapter 9;23 (deliberate infecting another person with HIV) and contravening a Section 88 (a) of the Postal and
Telecommunications Services Act ((send by telephone a message that is grossly offensive or is of an indecent, obscene or threatening character).
He is out of custody on US$100 bail and the court ordered him not to interfere with State witnesses and he should reside at Lot 2, Impatheni Farm in West Nicholson.
The court heard that from August 2009 to July last year, Ncube fell in love with the complainant.
During the month of September 2009, the two lovers had unprotected sex and they continued indulging in unprotected sex until July last year.
In March 2010, the complainant discovered that Ncube lost his wife three to four years back and she asked Ncube the cause of death and it is alleged that Ncube was shocked by the question but did not disclose the cause of his wife’s death.
She also discovered on 31 July last year, that Ncube had another relationship with another woman when they were still going out and as a result their relationship broke down on 1 August last year.
The complainant is claiming that she never had any sexual relationship with any other person until she went to New Start Centre for a re-test on 1 April this year and the results were positive.
On 7 April this year, the complainant sent Ncube a message saying: “It’s just wrong and it’s wrong that you did not tell me your status yet I remember telling you that I went to New Start Centre and tested negative that was during the first month of our love.”
Ncube responded by way of message saying; “Do you know my status you bitch?”
Online Reporter