A 43-year-old Zimbabwean man failed to attract mercy from the Francistown High Court when he appealed against a four year imprisonment term because he is HIV positive.
Sipho Mguti who was convicted for breaking into a tuck shop and stealing goods worth P2000 by Masunga Magistrate Court failed to convince Justice Mpaphi Phumaphi to temper justice with mercy when he told him he was HIV positive and did not have access to Anti retroviral drugs (ARVs).
Justice Phumaphi had earlier postponed the case to give Sipho an opportunity to avail evidence proving his HIV status.
When Sipho failed to produce evidence that he was HIV positive, Justice Phumaphi dismissed his case.
“He produced a medical card bearing the names of Sipho Siziba, a name he claimed to be his other name.
It also emerged that he had previous convictions under the names of Dennis Ndlovu,” said Justice Phumaphi.
Despite giving court varied information about his identity, Justice Phumaphi gave him an opportunity to approach the court of appeal.