The court has ordered MDC Insiza South MP Siyabonga Ncube — who is accused of infecting a female journalist with the Aids virus — to undergo an HIV test before his trial kicks off.
Bulawayo regional magistrate Mark Dzira postponed the matter yesterday and ordered Ncube to undergo the test at a government hospital. “It is ordered that accused (Ncube) undergoes HIV testing at a government hospital and the matter will be postponed until the accused has been tested,” Dzira ruled.
Dzira said the reason for his ruling would follow. Ncube (48) is facing charges of deliberately infecting a Bulawayo-based State media journalist with HIV and sending an abusive message to her.
However, Ncube’s lawyer Mweliwenkululeko Ncube gave a notice for review of the magistrate’s ruling. Dzira’s ruling came after the State counsel, Patrobs Dube, made two applications for postponement of trial and to have Ncube tested for HIV as had been directed by the prosecution at his initial court appearance.
“We were advised by the police that they did not approach the accused in this regard because he previously declined to undergo testing.
This being the case, I go into the second application in terms of section 302 (a ) of the Criminal Procedure and Evidence Act, which provides for HIV tests for accused facing sexual offences to undergo testing . I apply for the accused to submit himself to undergo HIV tests,” said Dube.
But, Ncube’s lawyer opposed both applications and said the postponement by the State was a delaying tactic meant to bolster an otherwise weak case against his client.
He said the section cited by the State to compel Ncube to undergo HIV testing did not apply in the circumstances as it only applied to rape, aggravated indecent assault and having sexual intercourse with a young person.
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“The section is very clear that it was created or, in other words, it must be read with section 80 of the Criminal Law (Codification and Reform) Act whose crimes are rape, aggravated indecent assault and having sexual intercourse with a young person.
“Such section does not apply to section 79 upon which the accused person is being charged. Section 302 (a) only applies for the purposes of sentence not prosecution,” submitted Ncube.
Ncube, of Lot 2 Impateni Farm, West Nicholson, was not formally charged with deliberate transmission of HIV and texting a message that is grossly offensive or is of an indecent, obscene or threatening character.
He was remanded to July 21 on $100 bail and ordered to reside at his farm and not to interfere with any witnesses.
