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

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.