[Update]Zambia: Court dismisses case of man accused of alleged HIV exposure and non-disclosure

Charges dropped/acquittal

Lusaka court sets free a man accused of unlawfully infecting ex-lover after unprotected sex

December 8, 2020
Source: MWEBANTU
 

A LUSAKA man who was accused of willfully infecting his ex-lover, a lawyer, with Sexually Transmitted Infections has been set free by the Magistrates Court.

This was after the complainant, N.S., a lawyer and assistant researcher to a Lusaka High Court judge, failed to appear before Lusaka magistrate Felix Kaoma to prosecute her case.

S. in her complaint lodged in court had alleged that X between March 26 , 2020 and June 21, 2020 unlawfully and negligently did acts which he knew or had reason to believe that he would likely spread an infection of any disease dangerous to her health.

S. said in her affidavit that she knew X. in April 2019 when he was introduced to her by Justin Nkhanga a potential purchaser of a plot, that she was selling in Livingstone, Southern Province.

She said after the land transactions were concluded in February 2020, X. asked her whether she was available for a relationship and if she was open, to have a child with him and she accepted the proposal.

The complainant said before their first intimate encounter, she asked X. about his HIV status and proposed that they do a test but he told her that he was negative as he had done medicals for an international job.

S. added that X. told her to go ahead and get tested and that he would not mind if she tested positive as HIV is a manageable disease.

“Following his assurance, we went ahead and had sexual intercourse and continued to have it on different dates between March 26 , 2020 and June 21 2020,” she claimed.

S. said towards the end of May this year, she had a misunderstanding with X. which culminated into a physical altercation during which she got his mobile phones.

She stated that upon perusing through his phones, she came across a WhatsApp chat between him and his former wife in which the ex wife was informing him about her Antiretroviral Therapy (ART).

In the same WhatsApp chat, X. lamented that his ex wife was not in order to expose his illness even if he was sick.
S. said she believes X. knowingly and negligently exposed her to an infection dangerous to her health.

At the last hearing, S. wanted the proceedings to be heard in camera but later withdrew the application after the defence objected.

And when the case came up for trial, only X., his lawyer Osbourne Ngoma and a stand-in prosecutor were before court.
Ngoma applied that the matter be dismissed for want of prosecution as the complainant was not before court.

He said this was the second time S. has failed to show up in court.

Ngoma however, said S. appeared in court at the previous hearing and knew that the case was coming up but did not file any notice of adjournment.

He concluded that S. was no longer interested to prosecute the case and sought an order dismissing it.”In the interest of justice, we pray that this matter be dismissed as justice will not only be done but will be seen to be done,” he said.

Magistrate Kaoma in his ruling dismissed the case for want of prosecution and forthwith discharged M.

Prosecution

Lawyer Sues Ex-lover For Exposing Her To STIs

November 6, 2020
Source: Zambia Reports

A Lusaka lawyer has sued her ex-lover for unlawfully and negligently doing acts likely to spread a Sexually Transmitted Disease ( STI) after he had unprotected sexual intercourse with her.

Ms M.S, who is an assistant researcher to for a Lusaka High Court judge, has sued Mr X in the Lusaka Magistrates’ Court after she saw the defendant’s WhatsApp chat with his ex wife in which she was telling him about her Anti Retroviral Therapy.

Ms S., therefore, wants Mr X to answer to a complaint of unlawful and negligently doing acts likely to spread infection contrary to section 138 Chapter 87 of the Laws of Zambia when he had unprotected sexual intercourse with her.

Allegations are that Mr X, between March 26, 2020 and June 21, 2020, unlawfully and negligently did acts which were and which he knew or had reason to believe that they were likely to spread the infection of any disease dangerous to her.

Ms S. states in her affidavit that she knew Mr X in April 2019 when he was introduced to her by J.N. as a potential purchaser of a plot that she was selling in Livingstone, Southern Province.

She stated from their first meeting in April 2019, X kept in touch with her until when he was ready to pay for the plot and he made the first instalment in January 2020 and the final instalment in February 2020.

Ms S. stated that after the final payment, X asked her whether she was available for a relationship and if she was open to have a child with him and she accepted the proposal.

She claims that prior to their first intimate encounter, she inquired from X about his HIV status and proposed they do a test but he told her that he was negative.

She said the defendant added that he did medical tests for an international job that he got with the World Food Program.

She submitted that X told her to go ahead and get tested and that he would not mind if she tested positive as HIV is a manageable disease.

“Following his assurance, we went ahead and had sexual intercourse and continued to have it on different dates between March 26 , 2020 and June 21, 2020,” she stated.

Ms S. stated that she had a misunderstanding with Mr X towards the end of May this year which led into a physical altercation during which she got his mobile phones to peruse through.

She stated that she came across a WhatsApp chat between Mr X and his former wife in which the ex-wife informed him about her Anti Retroviral Therapy (ART).

S. stated that in the same WhatsApp chat, X was lamenting that his ex-wife was not in order to expose his illness even if he was sick.

“It is my belief that X knowingly and negligently exposed me to an infection dangerous to my health,” Ms S. stated.

However, Mr X pleaded not guilty when he took plea before magistrate Felix Kaoma and trial is expected to commence on November 11, 2020.