Nevson Mpofu (39) who was on November 4, 2016 convicted by Bulawayo Regional Magistrate Sibongile Marondedze for deliberately transmitting HIV to his girlfriend, was granted bail pending hearing and determination of his appeal against both conviction and sentence he filed at the Bulawayo High Court.
Initially he was sentenced to 13 years with 3 being suspended for good behaviour, after being found guilty of contravening section 79(1) (a) of the Criminal Law (Codification and Reform) Act Chapter 9:23. The state had claimed that Mpofu, who knew that he is infected with HIV, intentionally had unprotected sexual intercourse with his girlfriend who is HIV negative.
Zimbabwe Lawyers for Human Rights lawyer, Lizwe Jamela argued that the sentence given to Mpofu was excessive because there was no actual transmission of HIV to the complainant and there was an objection to the production of his medical records in court during his trial. Marondedze granted Mpofu $100 bail, pending the hearing and determination of his appeal against both conviction and sentence.