Feb. 18, 2015 (All Africa Global Media) — THE Zimbabwe Lawyers for human Rights (ZLHR) has approached the constitutional court seeking an order decriminalising the ‘transmission’ of HIV as stated in section 79 of the criminal Law codification and reform Act.
The ConCourt appeal followed the conviction of two women one from Bulawayo two years ago for ‘intentionally’ infecting their husbands.
Advocate Tabani Mpofu, Lizwe Jamela and David Hofisi are the three attorneys who have been tasked by the rights representative body to argue the case before the constitutional court on Wednesday.
ZLHR wants the law to be struck off the statutes urging that is has neither scientific nor legal basis.
In an interview with NewZimbabwe.com in Harare Tuesday one of the lawyers David Hofisi said they were urging that there is no scientific evidence that a person accused of infecting another with HIV had either done so willingly or is indeed the one who was infected.
“The way the law is crafted can even incriminate an HIV positive mother who gives birth to an HIV positive baby. It also incriminates a mother who would have breast fed her child and later discovered that the child has HIV.
“One may not escape conviction even if he or he or she used a condom or another means of protection because the risk or possibility of infecting someone remains,” Hofisi said.
Hofisi said they had already filed their arguments which are going to be heard by the country’s highest court in Harare Wednesday.
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