News / National
HIV legislator summoned to court for sending abusive text messages
11 Nov 2011 at 14:35hrs | Views
INSIZA SOUTH legislator Siyabonga Malandu Ncube has been summoned to appear in court to answer charges of sending abusive text messages using a cellphone.
This comes after Bulawayo regional magistrate, Mark Dzira refused a further remand application for Ncube, who is also facing charges of deliberately infecting a Bulawayo senior journalist with HIV.
The lawmaker, who belongs to the Movement for Democratic Change formation led by Professor Welshman Ncube was earlier granted leave to make a constitutional application to the Supreme Court challenging the constitutionality of section 79 (b) of the Criminal Law (Codification and reform) Act, Chapter 9:23 (deliberately infecting another person with HIV).
The latest developments of summons, means that the case of deliberately infecting a senior female journalist with HIV has legally temporarily fallen off as he will no longer be required to regularly come to court for routine remand.
Lewis Mwunze for the state said the legislator must come to court on Monday so that he can be remanded.
Mr Kossaam Ncube of Kossam Ncube and Company confirmed that his client, the lawmaker – has been informed about the summons.
The journalist's lawyer said, "Its high time Malandu faces the music of his irresponsibility. We are going to court and will teach him a lesson," said Mr Sindiso Mazibisa of Cheda and Partners legal practitioners.
Ncube has not been formally charged and is out of custody on US$100 bail and the court ordered him not to interfere with state witnesses and should reside at Lot 2 Impatheni Farm in West Nicholson.
Ncube must answer charges of contravening section 88 (a) of the Postal and Telecommunications Services Act (send by telephone a message that is grossly offensive or is of indecent, obscene or threatening character).
Allegations against the MP are that from August 2009 to July last year, he had a love affair with a senior female Bulawayo journalist.
During the month of September 2009, the two lovers slept with each other without protection until July last year.
In March 2010, the state journalist discovered that Ncube had lost his wife three to four years earlier and she asked Ncube the cause of death and it is alleged that Ncube did not disclose the cause of his wife's death.
The female journalist is alleged to also have discovered that on 31 July last year Ncube had another love relationship with another woman, which relationship ended on August 1 2010.
The journalist claims she never had any sexual relationship with any other person beside the MP.
On 1 April this year, the scribe went to New Start, where she tested positive for HIV.
On 7 April she sent a message to Ncube saying, "Its just wrong what you did, its wrong that you did not tell me your status yet I remember telling you that I went to New Start Centre and tested negative that was during our first month of our love," she wrote.
In reply the legislator wrote, "Do you know my status you bitch."
This comes after Bulawayo regional magistrate, Mark Dzira refused a further remand application for Ncube, who is also facing charges of deliberately infecting a Bulawayo senior journalist with HIV.
The lawmaker, who belongs to the Movement for Democratic Change formation led by Professor Welshman Ncube was earlier granted leave to make a constitutional application to the Supreme Court challenging the constitutionality of section 79 (b) of the Criminal Law (Codification and reform) Act, Chapter 9:23 (deliberately infecting another person with HIV).
The latest developments of summons, means that the case of deliberately infecting a senior female journalist with HIV has legally temporarily fallen off as he will no longer be required to regularly come to court for routine remand.
Lewis Mwunze for the state said the legislator must come to court on Monday so that he can be remanded.
Mr Kossaam Ncube of Kossam Ncube and Company confirmed that his client, the lawmaker – has been informed about the summons.
The journalist's lawyer said, "Its high time Malandu faces the music of his irresponsibility. We are going to court and will teach him a lesson," said Mr Sindiso Mazibisa of Cheda and Partners legal practitioners.
Ncube has not been formally charged and is out of custody on US$100 bail and the court ordered him not to interfere with state witnesses and should reside at Lot 2 Impatheni Farm in West Nicholson.
Ncube must answer charges of contravening section 88 (a) of the Postal and Telecommunications Services Act (send by telephone a message that is grossly offensive or is of indecent, obscene or threatening character).
Allegations against the MP are that from August 2009 to July last year, he had a love affair with a senior female Bulawayo journalist.
During the month of September 2009, the two lovers slept with each other without protection until July last year.
In March 2010, the state journalist discovered that Ncube had lost his wife three to four years earlier and she asked Ncube the cause of death and it is alleged that Ncube did not disclose the cause of his wife's death.
The female journalist is alleged to also have discovered that on 31 July last year Ncube had another love relationship with another woman, which relationship ended on August 1 2010.
The journalist claims she never had any sexual relationship with any other person beside the MP.
On 1 April this year, the scribe went to New Start, where she tested positive for HIV.
On 7 April she sent a message to Ncube saying, "Its just wrong what you did, its wrong that you did not tell me your status yet I remember telling you that I went to New Start Centre and tested negative that was during our first month of our love," she wrote.
In reply the legislator wrote, "Do you know my status you bitch."
Source - Byo24News
