The case of Insiza South MP Siyabonga Malandu Ncube, who is facing charges of allegedly deliberately infecting a Bulawayo female journalist with HIV and Aids, took a new twist on Thursday after the scribe sued the MP for over $1,5 million in damages.
Ncube was reportedly served with the summons on Thursday by the Deputy Sheriff at the Bulawayo Magistrates’ Court during his routine remand court appearance.
On Thursday, the case was deferred to August 30 after Ncube’s lawyer, Kossam Ncube, and the State agreed to postpone the matter for the lawyer to apprise himself of the latest developments.
The summons were filed at the High Court yesterday under case number HC2321/11.
The scribe, who cannot be named on legal grounds, is claiming $1 million being general damages for stress, psychological trauma, suffering and reduction of life expectancy she allegedly suffered following the alleged discovery of infection.
The journalist, who works for the State media, is also demanding $500 000 for future medical expenses which she envisages to incur in treatment and other ancillary expenditure associated with the HIV-positive condition.
According to the Criminal Procedure and Evidence Act, the name of a victim of a sexual offence cannot be publicised.
The woman is also claiming an undisclosed amount which would be quantified at the time of the hearing or judgment to constitute past medical expenses which she allegedly incurred while seeking treatment and other ancillary expenditure associated with her HIV condition.
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
Keep Reading
She is also demanding another $50 000 for damages for injuria as a result of Ncube’s alleged insult on her through mobile phone text messages referring to her as “sifebe” or whore.
The scribe has also filed to be paid interest on her claim on tempore morae (from time of proof of claim) or any other sum that may be awarded by the court instead, at the prescribed rate of interest calculated from the date of issue of summons to date of payment in full.
She also wants Ncube to pay the costs of the suit on attorney and client scale.
The lawsuit against Ncube came soon after Bulawayo High Court judge Justice Maphios Cheda last week quashed the ruling by regional magistrate Mark Dzira compelling the MP to undergo an HIV test before trial commenced.
Dzira had ordered Ncube to undergo HIV testing at a government hospital and postponed the trial until the results were available.
Ncube (48) of Lot 2, Impateni Farm in West Nicholson, has not been formally charged with deliberate transmission of HIV and sending an offensive message to the scribe following their fallout.
Ncube was granted $100 bail and ordered to reside at his farm as well as not to interfere with any witnesses until the matter has been finalised.
