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THE wife of an HIV positive Esigodini man who stands accused of raping his juvenile cousin and infecting her with the virus has said her husband was not capable of committing the crime as he was impotent.

Elphina Gumede, 39, told Gwanda regional magistrate Joseph Mabeza that it was impossible for her husband Morrison Khumalo, 50, of stand number 229 Mpisini Resettlement to have raped the juvenile since he could not sustain an erection.

She said she had previously attempted to arouse him, but it came to naught because of his condition.
"It's been a while since I had sex with my husband because he no longer wanted to have sex with me. No matter how much I caressed him, he could not have an erection. He is impotent," said Gumede.

"I love my husband and I will wait, I will be patient until he gets well," she added.

However, regional prosecutor Johannes Tlou dismissed the impotence claim saying that Khumalo had not raised it as his defence earlier in court.

"If your version of the story is true, do you think the accused person would not have mentioned that in his defence? You know at the back of your mind that the source of your marital problems was because the accused person was now getting sexual satisfaction by sleeping with the complainant. Therefore, I put it to you that when you came here, you were given a story to tell in court," said Tlou.


Although Khumalo had not mentioned the issue of impotence, he supported his wife saying that she was telling the truth.

"She is telling the truth that I am impotent. I also had a problem with my testicles, one of them was swollen and I was supposed to go for an operation," said Khumalo who was in possession of his medical documents.

Allegations are that as from last year, Khumalo had been having sexual intercourse with his cousin whom he also infected with HIV.

The matter came to light when the complainant tested HIV positive resulting in her revealing the ordeal, the court heard.

Last week, Khumalo was remanded in custody to May 15 for judgment.








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