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Charles Kokanai Mzite’s life has been one of shifting fortunes, from international touring with an acclaimed African musical troupe, even performing for Oprah Winfrey, to fleeing political repression as a refugee to Canada; from the sanctuary of Vancouver’s vibrant artistic community to a B.C. prison.

And now it comes full circle, with Canada ordering Mzite deported back to Zimbabwe, denounced as a danger to the public of Canada for having sex without informing his female partners he had HIV.

In Zimbabwe, he joined an acclaimed drumming and dancing troupe famed for its colourful presentation of traditional African music. The group toured the world, performing on four continents.

Along with fame, it brought him love. In 1993, he married a daughter of the troupe’s patriarch.

During their marriage, as for many in his AIDS-ravaged country at the time, both partners contracted HIV. By 1995, he had tested positive; his wife died in 2000, likely of HIV/AIDS, he later said.

Meantime, his political comfort at home had also shifted. He had shunned the ruling party and refused to attend its events. His high profile in the country made the snub noticeable to those in power causing him and his family grief, he said.

He met a Canadian woman in Zimbabwe and she invited him to Canada. He arrived on a visitor’s visa in 2001 and was granted refugee protection in 2002. None of that required him to submit to an HIV test, as it now does.

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Settling in Victoria, Mzite met up with other musicians who showed him how to busk on the streets. He joined a local marimba band called Jambanja and their energetic sound attracted attention beyond coin-tossing passersby.

In 2007, Mzite and the band were flown on a private jet to perform at a private island party for Ms. Winfrey — the TV celebrity even played along on a gourd rattle during part of the gig.

His warm smile, talent and energy made him attractive to women and he easily struck up intimate relationships. He remarried in Canada to a woman he met at the airport the day he arrived.

There were growing problems, however.

He had applied for permanent residence status in Canada, which required medical information. He declined to complete the medical portion of the immigration process and his application was denied.

Meanwhile, Mzite’s relationships were damaged by rumours in the community that he was HIV-positive. He assured at least four sex partners he did not have HIV, court later heard.

To at least one, he used as his most convincing evidence that he would never have been allowed into Canada if he had HIV.

“I truly believed him,” one of the women, who cannot be identified, testified in court in 2009.

When one of his former partners in Canada contracted HIV, she went to the police. In 2007, the same year he performed for Ms. Winfrey, he tearfully admitted to investigators that he had known since 1995 he was HIV-positive.

He had first found out when his Zimbabwean troupe were scheduled to tour China, which required visitors to pass an HIV test. He failed and stayed home.

“This is not about revenge or getting him put away. The only reason I’m here is that women and children just keep getting hurt,” that former partner told court at his trial.

He was found guilty of four counts of aggravated sexual assault in 2009 and sentenced to 10 years in prison, minus time already served. The sentencing judge chastised him for abusing the women’s trust, deceiving them and lacking empathy for them.

In 2011, the Parole Board of Canada refused his parole request. Last year, pending his parole, Citizenship and Immigration Canada determined Mzite to represent a danger to the public in Canada and ordered him deported upon his release.

Letters praising him as an asset to Canada because of his cultural talent supported Mzite’s request to stay and he appealed the deportation to the Federal Court of Canada.

In a new decision, the government’s decision has been upheld.

“The facts of this case speak for themselves. The applicant had a private relationship with four different women and despite being asked by each of them whether he had HIV, he answered negatively and proceeded to have sexual relations with each one of them,” Federal Court Justice Simon Noël wrote in his decision, released last week.

“I see no reasons in law or in fact to disagree with this finding.”

The decision contrasts sharply with another recent ruling by a Federal Court judge.

Last month, Justice Yves de Montigny overturned a deportation against a refugee from Honduras who is HIV-positive and admitted having protected gay sex with clients as a prostitute without disclosing his HIV status.

In that case, the court rejected Citizenship and Immigration’s declaration that Marvin Adolfo Galvez Padilla, 46, was a danger to the public, saying the government was out of step with current legal and medical knowledge.

If left standing, Judge de Montigny wrote, it “could have the perverse effect of facilitating the removal of petty criminals, drug addicts involved only peripherally in the drug trade, and individuals who are HIV positive. Such a result would clearly not be in keeping with Canada’s international obligations and must be censored.”

National Post

For 22-year-old Sunday Onyike, a Business Administration student of Yaba College of Technology, Yaba-Lagos, the hope of successfully rounding up his programme with the his peers have been dashed.

This is because of the prolonged treatment he has been receiving since March, 2011 as a result of serious injury he sustained during a scuffle with his neighbours identified as Augustine Eleyi, 28, and Emeka Eleyi, 32, from Ohozara in Mgbo Ebonyi State.

Sunday, the only son of his parents from Ohafia in Abia State, had his scrotum slashed off during a fight with two of his neighbours.

Narrating the circumstances that led to the problem to Crime Guard at their Makoko residence, the father of the victim, Onyike Okpara,65, stated, I have been living in this compound since 1970. I had five children but only two are alive; that is Sunday and his younger sister who works at LagosIsland.

I occupy two rooms in the building, one room which I sleep in, and the other at the back of the building, where my children sleep. When ever my daughter comes home from work, she buys and shares biscuits, sweets and gala to our neighbours children. So, the children always look forward to her returning from work.

More so, whenever she is sharing these goodies to the children, two of our neighbours, Augustine Eleyi and his elder brother, Emeka Eleyi (who normally sits on the chair I kept in front of my childrens room at the boys quarters to smoke Indian hemp), would always walk up to them, grab what ever is within their grasp, and flee. Instead of them to ask, they would grab what ever they can and run away. My daughter complained about this to me, and I had called and cautioned them to desist from such act, but they would not listen.

On the evening of March 1st, 2011, she was seated at the boys quarters with some children sharing some gala when Augustine Eleyi, came and as usual, grabbed one gala and ran away.

My daughter pursued him and in the process, N200 fell from his pocket. She picked it up and said it would serve as a payment for all the gala and biscuits he has been snatching from them.
Later on, on a second thought, she decided to give him back the money as she thought it was not worth it.

Having searched around for him, and not knowing of his whereabouts, she decided to give him the money the next day.

On the evening of that day which was the 2nd of March, 2011, after she got back from work, she took the money to him at the boys quarters, but he said he does not want it anymore. At that point, an argument ensued between them, during which his younger brother, Emeka Eleyi collected the money from my daughter.

As the argument continued, my son Sunday who was in the room preparing for the next days lecture, told his sister to let the matter be, and go to our main room and sleep, while he asked Augustine and Emeka to leave the place because they were disturbing him with their noise.

Augustine asked him if the place looked like his school hostel, that if he wants to read, he should pack his books and go to his school hostel. As the argument raged, he slapped my son, who grabbed him on his shirt asking what have I done to you?, Emeka rushed to them pretending as if we was going for peace only for him to grab my sons two hands, while Augustine rushed and fetched a sharp object, and used it to slash my sons scrotum.

I feel he actually wanted to cut off his male organ, but missed. My sons cry of agony attracted the attention of passersby, because part of the compound is a thoroughfare; it was these passersby that ran to inform us at the other side of the building.

I ran to the place and met my son in a pool of his blood. On sighting us, the culprits bolted. I wanted to run after them but I was weakened by the sight of my son lying in pains, in the pool of his blood.
I also thought, if I go after them at that point, what would be the fate of my son when I get back, hence I opted to stay back, with the help of the other neighbours and some of our church members, my son was rushed to the State Criminal Investigations Department, SCID, Panti, Yaba, from where we obtained a note to take him to the hospital. At that time, the GeneralHospital was on strike, we brought my son back to Adekunle Police Station, and they asked us to find a private hospital and take him there.

So, we took him to a private hospital at Iwaya. Augustine and Emeka were later apprehended by neighbours who went after them, and handed over to the police.

Crime Guard learnt that the case has been at the Yaba Magistrates Court since 2011. Onyike Okpara further told our reporter that for one month his son was at the hospital in Iwaya, the Eleyi family only contributed N15,000 for the medical bills. He stated, after the initial N15,000 installment they brought when Sunday was taken to the hospital, I have not heard from them.
Three times, my pastor and family called them to seek out ways to settle the matter amicably; when they come, they will be dribbling us, they will promise to contribute to the medical bills but we wont hear from them after that. I have so far spent almost N200,000, I have the medical bill to prove that.

He also alleged that some members of the Eleyi family have threatened him to accept their term of payment, which is to pay N40,000, as their contribution; and withdraw the case from court.He stated, On November 18, 2012 at about 9:30pm, they sent six men, out of which I recognized three, they came asking me to sign a document, I could not properly read through because of my poor sight, at that time of the night.

One of them practically told me that so many people die in Lagos every day, and their corpses are never discovered; I would want your corpse to be found. What he meant by that, I do not know. I dont feel safe anymore.

First, they tried to take my son away, now they are threatening me to accept a condition I dont think any of them would accept if it were their son that was involved.

Counsel to the defendant, Worer Obuagbaka, on his part told Crime Guard that what happened between the defendant and the complainant was unfortunate. According to him, they have been living peacefully together for some years, what we are trying to do is to see if we can settle the case amicably. He said the defendants have been granted bail but are still in police custody because they have not been able to perfect their bail.