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to pay US$1 500 in damages to another woman she insulted and denigrated over her HIV status in public.
Civil Court magistrate Mr Tayengwa Chibanda awarded a default judgment to the victim of discrimination after she sued Miriam Mhembere of New Tafara, Mabvuku.
Mhembere will now have to fork out US$1 500 and US$269 costs of suit by Friday this week or face civil imprisonment.
The victim, who was represented by lawyers from Justice Aids Trust told the court that Mhembere verbally insulted her on two occasions in August last year over her HIV status following a misunderstanding between them.
The victim, who cannot be named, accused Mhembere of saying: “I do not want to be told useless things by a person who has Aids and is on tablets for Aids. Personally I know where I stand.”
The victim subsequently reported the matter to the police and was advised to call Mhembere for questioning but she was verbally abused again.
According to court papers, Mhembere shouted at the victim again saying: “That is up to you and the police and your tablets for Aids that you take together with the police. That is not an issue over which a person can be arrested.”
The verbal assaults took place in the full view of the victim’s daughter and relatives. As a result of the insult, the magistrate ordered Mhembere to pay US$1 500 in damages and interests after ruling that her conduct humiliated and lowered the victim’s dignity.
Mr Chibanda said the victim suffered delictual damages “as a direct result of verbal assault against her by the defendant (Mhembere) on August 25 and 26, 2010 in connection with her HIV status, which verbal insults resulted in humiliation and lowering of plaintiff’s dignity”.