Insiza South lawmaker, Siyabonga Malandu Ncube, accused of deliberately infecting a female journalist with HIV has referred his case to the constitutional court, claiming the high-profile matter had trampled on his rights.
Ncube’s lawyer, Kossam Ncube, told the court yesterday he would apply to the Supreme Court on September 16, but did not mention which rights had been violated.
Ncube (48) of Lot 2, Impateni Farm, West Nicholson, was again not formally charged with deliberate transmission of HIV and sending a message that is grossly offensive or is of an indecent, obscene or threatening character when he briefly appeared before Bulawayo regional magistrate Mark Dzira.
He is on $100 bail and has been ordered not to interfere with any witnesses.
The new development came two days after his lawyer filed a notice to oppose the $1,5 million lawsuit against him filed by the journalist last week.
Two weeks ago, the scribe who cannot be named for legal reasons, claimed $1,5 million as compensation for the moral, medical and psychological damage she endured from the moment she became aware of her new health status.
She is claiming $1 million for general damages for stress, psychological trauma, suffering and reduction of life expectancy.
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.
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She is also demanding another $50 000 for damages for injuria as a result of Ncube allegedly insulting 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.
