adminallegations of deliberately infecting a Bulawayo female journalist with HIV and sending her an abusive text message.
Ncube, whose age was not given, was not formally charged when he briefly appeared before Bulawayo regional magistrate Mr Mark Dzira.
He is being charged with contravening Section 79 (b) of the Criminal Law (Codification and Reform) Act, Chapter 9:23 (deliberate transmission of HIV) and contravening Section 88 (a) of the Postal and Communication
Services Act (send by telephone a message that is grossly offensive or is of an indecent, obscene or threatening character).
He was remanded out of custody on US$100 bail and will next appear in court on July 7. The court ordered him not to interfere with State witnesses and that he should reside at Lot 2, Impatheni Farm in West Nicholson.
Soon after the formal remand procedures, his lawyer, Mr Mlweliwenkululeko Ncube of Munjanja and Associates, asked the court to put it on record that they would on the next remand date be making an application for refusal of remand on the first count of deliberately infecting the journalist with HIV.
Mr Ncube said the State, led by the prosecutor-in-charge at Bulawayo regional courts, Mr Patrobs Dube, indicated to him that there were certain issues that they want to clarify and that if they have been clarified to the satisfaction of the defence, he would prefer that his client goes on trial on the next remand date.
Soon after the court had adjourned, a handful of sympathisers could be seen surrounding the legislator as he left the courtroom to pay his bail money on the First Floor of Tredgold Building, which houses the Bulawayo magistrates’ courts.
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 having unprotected sex until July last year. In March 2010, the complainant discovered that Ncube had lost his wife three to four years back and she asked Ncube the cause of death and it is alleged that the politician was shocked by the question but did not disclose the cause of her death.
She also discovered on July 31 last year that Ncube had a relationship with another woman when they were still going out and as a result their relationship broke up on August 1 last year.
The complainant is claiming that she never had any sexual relationship with any other person until she went to the New Start Centre for a re-test on April 1 this year and the results were positive.
On 7 April, the complainant sent Ncube a text 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 the 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