The State has been given up to October 7 to respond to the Supreme Court application by MDC Member of Parliament Siyabonga Malandu Ncube challenging the constitutionality of the charge against him, allegedly infecting a female journalist with HIV.
Regional magistrate Mark Dzira made the ruling last Friday at the Bulawayo Regional Court.
Three weeks ago, the Insiza North MP’s lawyer, Kossam Ncube, made an application to the constitutional court to determine, among other issues, whether Section 79 which he is being charged with did not violate the constitutional right of freedom from discrimination on the grounds of one’s HIV status.
State counsel Patrobs Dube is still to file his response to the application and the court has ordered that the response be filed before the next remand date, which is October 7.
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 conduct and anyone who gets involved like the complainant must be aware of the risks involved. Ncube is on $100 bail.
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