Harare, Zimbabwe | The High Court has ruled that HIV is no longer considered a deadly condition due to advancements in treatment and should not be used as a mitigating factor in criminal sentencing.
The decision was made during an appeal by two men convicted of illegally possessing ivory tusks. Justices Munamato Mutevedzi and Naison Chivayo dismissed the appellants’ pleas for lighter sentences based on their HIV-positive status.
One appellant, a repeat offender, received an 11-year sentence, while the second was handed the mandatory minimum of nine years. Their identities were withheld due to their HIV status.
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In rejecting the appeals, the judges stated: “Much as being HIV positive used to be seen as terminal, it is now a notorious fact, acknowledged by the court, that advancements in treatment have rendered it comparable to other common conditions like diabetes or hypertension.”
The court also referenced the 1993 case of S v Mahachi, where HIV was deemed insufficient as a special circumstance for reduced sentencing. The judges emphasized that citing HIV to seek leniency constitutes an abuse of one’s medical condition.
“For the avoidance of doubt, being HIV positive, like any other ailment, does not warrant a departure from imposing the prescribed minimum sentence on an offender,” Justice Mutevedzi said.
The ruling upheld the mandatory minimum sentences, with the court concluding that the appellants’ health conditions, including their HIV status, had no bearing on their punishments.
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