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HIV+ Zimbabwean thief jailed in Botswana

by Staff reporter
10 Oct 2013 at 06:35hrs | Views
A 43-year-old Zimbabwean man failed to impress the Francistown High Court when appealing against a four-year imprisonment term, claiming he was HIV-positive and would need to access anti- retroviral (ARV) drugs on regular basis.

Sipho Mguti was last week convicted for breaking into a tuckshop and stealing goods worth P2 000 when he appeared at Masunga Magistrates Court.

The court sentenced him to four years in prison. Mguti appealed to the Francistown High Court seeking lenience on the grounds that he is HIV-positive and would not access ARVs if locked up.

Francistown High Court judge Justice Mpaphi Phumaphi initially postponed the case to give Mguti an opportunity to furnish the court with evidence of his HIV status, but dismissed his appeal when he
failed.

Botswana's Voice newspaper reported yesterday that Mguti produced a medical card bearing the names of Sipho Siziba, which he claimed was his other name.

Justice Phumaphi said Mguti had previous convictions in which he was tried as Dennis Ndlovu.

Despite giving the court conflicting information about his identity, the judge gave him an opportunity to approach the court of appeal.

The hearing of Mguti's appeal was postponed indefinitely to give him ample time to produce valid evidence that he is indeed HIV-positive.

Source - thevoicebw