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Nevson Moyo

Mashudu Netsianda, Senior Court Reporter
AN HIV positive married security guard at Umguza Rural District Council was on Friday sentenced to 13 years in jail for deliberately having unprotected sex with his girlfriend.

Nevson Moyo (39) of Douglasdale in Bulawayo was convicted on his own plea of guilty to deliberately transmitting HIV in contravention of section 79 (1) (a) of the Criminal Law (Reform and Codification) Act by Bulawayo regional magistrate Mrs Sibongile Marondedze.

He will serve an effective 10 years in jail after three years were suspended for five years on condition that he does not within that period commit a similar offence.

In passing the sentence, Mrs Marondedze said Moyo committed a serious crime which warranted a lengthy prison term.

“You intentionally had unprotected sex with the complainant knowing that you were HIV positive. In fact, deliberately transmitting HIV is a serious offence that attracts up to 20 years imprisonment. Although the complainant tested HIV negative, the fact that you exposed her to the deadly virus or in doing so you realised that there was a risk or possibility of infecting her, is in itself a serious offence,” she said.

Mrs Marondedze described Moyo as a heartless man who deserved to be removed from society.

“A fine or community service is not a suitable sentence for such a serious offence. In the circumstances, a deterrent sentence is called for to deter would-be offenders from committing such monstrous crimes,” ruled the magistrate.

Prosecuting, Mr Tinashe Dzipe said on June 27 this year, the complainant met Moyo at Egodini bus terminus and he proposed love to her and she agreed.

The court heard that on October 2, Moyo took advantage of his wife’s absence and invited his girlfriend to his house where they engaged in unprotected sex.

“After sex, the complainant suggested to the accused person that they go for HIV testing and Moyo agreed. However, the accused kept procrastinating to go for the test until October 26 when the complainant visited him for the second time and they had another sexual encounter,” said Mr Dzipe.

The following day, the complainant accompanied Moyo to Renkini bus terminus and while on their way, the victim demanded to search her boyfriend’s bag. She stumbled upon a plastic bag which contained antiretroviral drugs and she quizzed Moyo.

“When the complainant confronted Moyo, he initially lied to him that they belonged to his uncle in Nkayi. The inquisitive complainant continued to pester him until he confessed that he was on antiretroviral therapy,” said Mr Dzipe.

The complainant reported the matter to the police leading to Moyo’s arrest.

In mitigation, Moyo pleaded for leniency, saying he was married and the breadwinner taking care of his wife and three minor children.

@mashnets.