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Mashudu Netsianda, Senior Court Reporter
AN HIV positive Bulawayo businessman was yesterday taken to court by his girlfriend who accused him of deliberately having unprotected sex with her.
Bulawayo regional magistrate Mrs Sibongile Marondedze did not ask Emmanuel Mguni (38) of Sauerstown suburb to plead to charges of deliberately transmitting HIV.
She remanded him out of custody to 14 December on $100 bail pending trial.
Prosecuting, Mr Robin Mukura said between August and November this year, Mguni and his girlfriend engaged in unprotected sex on several occasions.
Mguni started accusing his lover of cheating on him and contracting HIV from her alleged sexual escapades with other men.
The complainant then suggested to the accused person that they go for HIV testing and Mguni agreed.
On November 14, the two lovers went for HIV testing and counselling at a New Start Centre.
The complainant tested negative and Mguni refused to get tested.
“The accused told the complainant that he was also HIV negative since his lover tested negative and the two lovers continued to engage in unprotected sex,” said Mr Mukura.
He said sometime last month, Mguni and his girlfriend went to a bar in the city for a beer drink and the accused got drunk. The complainant took advantage of her boyfriend’s state to access his cellphone.
She stumbled upon messages on WhatsApp from Mguni’s ex-wife, his brother and a friend implying that he was on antiretroviral therapy.
According to the messages, Mguni’s ex-wife who is based in South Africa has been sending drugs to the accused person.
The complainant became suspicious and she confronted her boyfriend, demanding to know what sort of drugs he was taking.
Mr Mukura said Mguni lied to his girlfriend, telling her that the drugs were for an erectile problem.
The accused insisted that he was not on antiretroviral treatment, but the complainant was not convinced and she reported the matter to the police.
“On being arrested Mguni revealed that he was on antiretroviral therapy.”
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