The ManicaPost
Lovemore Kadzura Rusape Correspondent
A BLOSSOMING romantic affair between a Rusape man and a concubine twice younger than him ended in acrimony after the young lady reported the sugar daddy to police for deliberately infecting her with HIV.
The lady (23), who resides in the Crocodile area, has launched a two-pronged fight against Samuel Mutwira (50), of the adjacent Silverbow suburb in Rusape by filling civil and criminal charges against him.
In the criminal case Mutwira, who is being represented by prominent lawyer Mr Maxwell Chiwanza, of Chiwanza and Partners, pleaded not guilty to violating Section 79 (1) of the Criminal Law Codification Act Chapter 9:23, which makes it an offence for someone who is HIV positive to have unprotected sex with a partner without disclosure.
Outgoing Rusape district prosecutor Mr Tirivanhu Mutyasira argued that after infecting the complainant with the incurable virus, Mutwira then offered her a life compensation of $200 per month.
The offer was meant to cow her into silence, but the woman only lodged a complaint to police after Mutwira allegedly reneged on the agreement.
“Mutwira is the complainant’s boyfriend and sometime in October 2016 he proposed love to her and she accepted. The accused person had sexual intercourse with the complainant several times.
“In July 2017 the complainant had an infection on her private parts and went to hospital where she was tested and the results showed that she was HIV positive. She was told to bring Mutwira for treatment, but he refused and told her that he was HIV positive and already on medication.
“Mutwira asked the complainant not to report the case to police and promised to pay her $200 per month for life. Mutwira paid the promised amount from July 2017 and defaulted in December, prompting the complainant to lodge a complaint to police,” argued Mr Mutyasira.
Mutwira disputed the assertions arguing that he met the complainant in a bar and paid her to have sex. He also claimed that each time they had sex he would use a condom as he was suspicious of her health status.
He said the complainant later blackmailed him by threatening to expose their extra-marital relationship, forcing him to offer her the $200 monthly payments.
“The accused person met the complainant in a bar and their relationship was that of a paying client and a prostitute. He was careful to use condoms during each sexual encounter with her.
“The accused signed the papers ($200 monthly agreement for life) after she threatened to cause his arrest and have him publicised for having an extra marital affair,” reads part the defence outline.
Rusape regional magistrate Mr Livingstone Chipadza rolled the trial to today (Friday) for continuation.
Meanwhile in the civil matter lodged at the Rusape Civil Court, the woman is claiming six months arrears of $1 200 from Mutwira.
“Plaintiff is claiming the sum of $1 200 being arrears on life compensation after defendant deliberately infected her with HIV. Defendant even committed himself to pay $200 a month for the whole of my life as damages.
“He only paid the aforesaid amount for three months and stopped until the arrears rose to the claim. Defendant is aware that I can no longer do hard work due to his wayward act in which he deliberately (infected me with HIV). Defendant must just act according to the book (signed agreement),” claimed the woman.
Mutwira, through his lawyer Chiwanza, insisted that he never infected the woman and the case should be dismissed.
The case is yet to be allocated a trial date and magistrate.
