Insiza South MP Siyabonga Malandu Ncube (MDC), charged with knowingly infecting a female journalist with HIV, has been removed from remand.
In arriving at the decision, Bulawayo regional magistrate Mark Dzira ruled that it would be improper to continue having Ncube on remand because it infringed on his constitutional right to free movement.
Yesterday, Dzira said since Ncube had appealed to the Supreme Court, keeping him on remand would not be in the best interests of justice since the case was likely to take long before its hearing at the constitutional court.
Instead, the court advised the State to proceed by way of summons if it so wished to pursue the matter.
Ncube made a constitutional application in September through his lawyer, Kossam Ncube, challenging the charges being preferred against him.
The MP wants the Supreme Court to determine, among other issues, whether Section 79 which he is being charged under does not violate the constitutional right of freedom from discrimination on the grounds of one’s HIV status.
Ncube, who has denied the charge, is also being charged with sending abusive text messages to the complainant, a State media journalist.
In the application, Ncube said given the High Court judgment barring his testing for HIV, there was no medical basis for the State to conclusively allege he was HIV positive.
He said sex was a voluntary contract and anyone who gets involved must be aware of the risks involved.
The latest development means Ncube can now get his $100 bail from the Clerk of the Criminal Court.
Patrobs Dube appeared for the State.