10
not exceeding ten thousand dollars or to imprisonment for a period not exceeding two years or
to both such fine and such imprisonment.
18 Presumptions regarding HIV infection
(1) For the purposes of sections fifteen and sixteen, the presence in a person’s body of HIV
antibodies or antigens, detected through an appropriate test, shall be prima facie proof that the
person concerned is infected with HIV.
(2) For the purposes of sections fifteen and sixteen, if it is proved that a person was infected
with HIV within thirty days after committing an offence referred to in those sections, it shall be
presumed, unless the contrary is shown, that he was infected with HIV when he committed the
offence.
19 Jurisdiction of regional magistrates
A court of a regional magistrate shall have jurisdiction to impose the penalty prescribed in
section fifteen or sixteen on a person convicted of contravening that section.
PART VI
GENERAL
20 Act not to limit offences under other laws
Nothing in this Act shall be taken as limiting any offence at common law or under any other
enactment.
21 Presumption regarding marriage
Whenever in any prosecution under this Act the question is in issue whether any sexual
intercourse between two persons was extra-marital, the persons shall be deemed not to have
been married at the time of such intercourse, unless the contrary is proved.
22 Amendment of presumption that boy under 14 incapable of sexual
intercourse
(1) The irrebuttable presumption or rule of law that a boy under the age of fourteen years is
incapable of sexual intercourse shall not apply in Zimbabwe in relation to boys who have
reached the age of twelve years.
(2) Subsection (1) shall not affect any presumption or rule of law relating generally to the
criminal capacity of children under the age of fourteen years.
23 Consent by young person no defence in certain circumstances
(1) For the purposes of this section a “sexual act” means⎯
(a) anal intercourse;
(b) engaging in fellatio;
(c) engaging in cunnilingus.
(2) A young person under the age of twelve years shall be deemed incapable of consenting
to sexual intercourse or a sexual act.