A Lusaka lawyer has sued her ex-lover for unlawfully and negligently doing acts likely to spread a Sexually Transmitted Disease ( STI) after he had unprotected sexual intercourse with her.
Ms Naomi Sithole, who is an assistant researcher to for a Lusaka High Court judge, has sued Mr Kelvin Milambo in the Lusaka Magistrates’ Court after she saw the defendant’s WhatsApp chat with his ex wife in which she was telling him about her Anti Retroviral Therapy.
Ms Sithole, therefore, wants Mr Milambo to answer to a complaint of unlawful and negligently doing acts likely to spread infection contrary to section 138 Chapter 87 of the Laws of Zambia when he had unprotected sexual intercourse with her.
Allegations are that Mr Milambo, between March 26, 2020 and June 21, 2020, unlawfully and negligently did acts which were and which he knew or had reason to believe that they were likely to spread the infection of any disease dangerous to her.
Ms Sithole states in her affidavit that she knew Mr Milambo in April 2019 when he was introduced to her by Justin Nkhanga as a potential purchaser of a plot that she was selling in Livingstone, Southern Province.
She stated from their first meeting in April 2019, Milambo kept in touch with her until when he was ready to pay for the plot and he made the first instalment in January 2020 and the final instalment in February 2020.
Ms Sithole stated that after the final payment, Milambo 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.
She claims that prior to their first intimate encounter, she inquired from Milambo about his HIV status and proposed they do a test but he told her that he was negative.
She said the defendant added that he did medical tests for an international job that he got with the World Food Program.
She submitted that Milambo told her to go ahead and get tested and that he would not mind if she tested positive as HIV is a manageable disease.