Zimbabwe Lawyers for Human Rights (ZLHR) is seeking freedom for its client being charged with deliberate infection of HIV after she allegedly infected her boyfriend.
The matter is being argued by Paidamoyo Saurombe, who is representing the suspect, Lindiwe Ndlovu.
It is Ndhlovu’s argument that the law decriminalising the offence has since been adopted, as such, charges against her should be dropped.
“The accused person is charged with section 79 of the Criminal Law (Codification and Reform) Act Section 54(2) of the Marriage’s Act [Chapter 5:15], which has since repealed section 79 of the Criminal Code.
“In terms of section 131(2) (a) and (b) of the Constitution of Zimbabwe 2013, the Marriages Act went through both Houses of Parliament and was subsequently assented to by the President,” Saurombe submitted.
“Following the repeal of section 79 of the Criminal Code, which former section the accused person charged under, the provisions of section 70(1) (1) of the Constitution of Zimbabwe protect the accused person from any further remand.”
Ndlovu is appearing before Harare magistrate, Yeukai Dzuda.
She was arrested on March 31, this year before she was formally charged.
Ndlovu was granted bail on April 4, and the matter was remanded to April 29.
The new law then became operational on May 27, prompting Saurombe to challenge further remand.
It is his argument that his client has rights and cannot to be convicted on an act that is no longer an offence.