Insiza South MP Siyabonga Malandu Ncube has not been summoned to court to answer a charge of criminal insult of a female journalist he is accused of deliberately infecting with HIV.
Ncube’s lawyer Lizwe Jamela on Tuesday confirmed that his client had not been summoned to appear in court over the insult charge.
“We are holding the file after it was returned to us from another lawyer who was representing him on the HIV case.
“There is nothing to indicate that he had been summoned to appear in court on the criminal insult case.
“He (Ncube) has not communicated to us about the summons. As it stands, nothing has moved in that regard,” Jamela said.
Three weeks ago, Ncube — who was being represented by Kossam Ncube — was given leave to appeal to the Supreme Court in the HIV case challenging the constitutionality of the charges preferred against him.
He was also placed off remand on the matter, but there were indications the prosecution would summon him to court to answer to a charge of insulting the journalist and labelling her a prostitute.
In his application to the Supreme Court, Ncube wanted the highest court in the land to determine, among other issues, whether section 79 which he is being charged under did not violate his constitutional right of freedom from discrimination on the grounds of one’s HIV status.
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In the application, Ncube said given the High Court judgment barring his testing for HIV, there was absolutely no medical basis for the State to conclusively allege that he was HIV positive.
The legislator said it must be noted that sex was a voluntary act and anyone who gets involved must be aware of the risks involved.
