A BULAWAYO man, who was recently sentenced to 13 years imprisonment for deliberate transmission of HIV to his girlfriend, has been granted bail pending hearing and determination of his appeal against both conviction and sentence he filed at the Bulawayo High Court.
BY SILAS NKALA
Nevson Mpofu (39) was on November 4, 2016 convicted by Bulawayo Regional Magistrate Sibongile Marondedze for contravening section 79(1) (a) of the Criminal Law (Codification and Reform) Act Chapter 9:23.
He is alleged to have deliberately transmitted HIV to his girlfriend.
Marondedze sentenced him to 13 years imprisonment with three years being suspended on condition of good behaviour.
The state had claimed that Mpofu, who knew that he is infected with HIV, intentionally had unprotected sexual intercourse with his girlfriend who is HIV negative.
Zimbabwe Lawyers for Human Rights lawyer, Lizwe Jamela intervened to assist Mpofu, who is employed as a security guard in Bulawayo.
He filed an application for bail pending appeal on Tuesday after realising that Mpofu tendered a plea of guilty, but on perusing the record, he noted that his plea was not a genuine admission of the charge and all the essential elements of the offence.
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Jamela argued that the sentence given to Mpofu was excessive because there was no actual transmission of HIV to the complainant and there was an objection to the production of his medical records in court during his trial.
Marondedze granted Mpofu $100 bail, pending the hearing and determination of his appeal against both conviction and sentence.
In his appeal, Mpofu, who wants his conviction and sentence set aside and that a trial de novo (fresh trial) be constituted before a different magistrate, argues that Marondedze erred in convicting an unrepresented accused person without properly explaining the charge and the facts of the matter to the full appreciation and understanding of the accused person.
In the event that the High Court confirms his conviction, he will argue that magistrate Marondedze still erred in passing a severe sentence that induce a sense of shock under the circumstances without giving weight to a plea of guilty being tendered.
ZLHR’s position on criminalisation of HIV is that the Law must be repealed.
“This section is a bad law which is poorly drafted, over broad and counterproductive. It is at cross purposes with Zimbabwe’s public health policy, is unjust, unconstitutional and facilitates gross violation of the rights of people living with and affected by HIV,” the ZLHR said in a statement.
