Woman sues ex-hubby over HIV status

A 43–YEAR–OLD Harare man was yesterday taken to court by his ex–wife who accused him of deliberately infecting her with HIV when they were still married.

PHILLIP CHIDAVAENZI

The man, who lives in Kambuzuma Section 6, was charged with deliberate transmission of HIV as defined in Section 79 of the Criminal Law (Codification and Reform) Act Chapter 9:23 when he appeared before Harare magistrate Elijah Makomo.

The accused was remanded to November 18 when his trial is scheduled to start.

As part of the bail conditions, he was ordered to deposit $50 with the clerk of court, reside at his given address, not to interfere with witnesses and to report once a week at Warren Park Police Station until finalisation of the matter.

Prosecutor Sharon Mashavira alleged that in August 2012, the complainant, who resides in Unit A in Seke, Chitungwiza, started staying with the accused as husband and wife.

Two months later, the complainant allegedly fell sick and would feel pain whenever she was urinating.

She subsequently discovered that some blisters had started developing on her private parts.

The complainant went to Chitungwiza Central Hospital where she received treatment and was advised to go for an HIV test.

She then went for the test and found out that she was HIV positive.
The prosecution said the complainant allegedly confronted her husband, accusing him of deliberately transmitting the virus to her, but he is said to have denied the allegations.

The court heard that the two then agreed to stay together amicably and the complainant did not take further action until this month when she filed a police report after having parted ways with her husband.
According to the State papers, however, the complainant was never tested for HIV before getting married to the man.


18 Comments

  1. A weak case, which will crumble like a deck of cards simply based on the fact that she did not know her status before she met the accused!!

  2. The wife seems as fixing the ex-husband but the truth is all of them are HIV positive they shud stay
    together

    1. 2 months she was already feeling sick, what a lie.

      1. taura hako, ko window period ikanzi 6 months wani

      2. Its two months after staying together, they like already had sex before that. Hard to say with the incomplete reporting done by journalist who rush to print stories without getting facts right.

  3. IF THEY HAVE THE CASH WE CAN TAKE THEM SOMEWHERE WERE THEY CAN HAVE THEIR VIRUSES DNA ANALYSED TO DETERMINE WHOSE VIRUSE INFECTED THE OTHER,ASI HAPANA NYAYA DZINENGE NZENZA DZAKATORANA KUBHAWA DZIKA COHABITOR KUCHAYA ZVADZO MAPOTO KUTI NGWENGWENGWE

  4. She got married to a 43 year old man last year. The man then was 42, he must have been married before. She should have asked for an HIV test before getting married. Now who knows she did not ask because she also did not trust herself. This if she does not do something as the ZRP says she has a very weak case. The husband should counter sue her.

  5. Two months for HIV is too short for this virus to be detected. it seems this 42 year old woman was not trusting herself and was infected. Blisters are not signs for HIV but other sexual diseases. At this age I hope she had many divorces and maybe her ex husband died, who knows. She is an HIV suspect too. Please who ever wants to get married even from the churches as a nation please lets make it a LAW that both people should be tested at least within a period of 6 moths.

  6. Nesi apa wabhuya. Ndizvo zvinofanira kubhuyiwa mu parliament kwete zvekutungana kwembudzi zvaveko izi. Really we should take it seriously, people should be tested HIV before weddings or an type of marriage. The government should make it a must as Nesi said.

  7. this women is just teking bek to this man coz mayb e man rejected her bt to know of sure of her status jst pa 2mnths woti ndainfectwa is jst questionable. Hapana nhaya apa

  8. mai havana nyaya ava,the fact that they co-habited before knowing her status also makes her a suspect.they should just settle their matter out of court coz wateva motive she has…at the end of the day they r both positive period.

  9. This is a case of bitterness over the divorce hence getting back to the ex-hubby.Kuchena kwemunhu mazuva ano kuri muropa rake looks can be very deceiving.The window period is very critical stage u might test negative today then after window period inenge yavaPositive-its a critical stage…all the same this woman will dismally lose with such a case.

  10. “however, the complainant was never tested for HIV before getting married to the man.” ndipo pane weakness ye nyaya yamai ava.how then does sh know that she was negative prior to her sexual liaison with this guy.who infected who?mayb sh is th one who infected this guy.or vice versa.the onus wil be on her to proove to the court that she was negative and he was positive at the commencement of their relationship.and that he knew he was positive.e.g by producing evidence that he is on ART, or that he belongs to a support group of people living with HIV or such.just as a word of advise, please get tested before having sex nemunhu.this is were we r losing it as a country & thats why new infections continue to rise.so sorry my sister, yo case has its strengths, but it also has its own weaknesses.

  11. Willard Mubvumbi

    People should go for HIV test b4 getting married. Who knows, maybe the wife was HIV positive b4 she met the man. Dont trust women, they can destroy men. A woman can lie that she was rapped inorder to fix the man.

  12. this lady haana nyaya. less similar case happened to me. I got married to this lady n we stayed together for a yr n she got pregnant. we divorced wen she was pregnant. later on went to register the pregnancy at the clinic she was tested n found positive. she then foned me insulting and accusing me of having infected her. I went for testing n I was negative. the whole of 2012 was tested 3 times bt getting a neg result. then I called so that we go for testing iye aripo bt never responded

  13. sekuru bhobho mave kunyepa.kana muri pachirongwa taurai.zvichatyisa here.

  14. “The court heard that the two then agreed to stay together amicably and the complainant did not take further action until this month when she filed a police report after having parted ways with her husband.
    According to the State papers, however, the complainant was never tested for HIV before getting married to the man”.
    —————————————————————————————————————————————
    Take her back—she will drop the charges.

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