A former member of the South African National Defence Force (SANDF) has been convicted of attempted murder and rape after intentionally infecting his girlfriend with HIV.
Leon Santos Conga appeared before the Pretoria Magistrate’s Court on Tuesday, June 11, 2024, where he was found guilty of rape and attempted murder.
The victim, Antoinette Ndishishi, was represented by AfriForum’s Private Prosecution Unit.
AfriForum said it forced the SANDF to release Conga’s medical records, which revealed that he had been aware of his HIV status since 2007.
According to AfriForum, the SANDF initially refused to release the records that led the National Prosecuting Authority (NPA) to withdraw the case twice.
Conga became romantically involved with the victim, who is also in the SANDF, in 2016.
The victim said she only consented to having sex with Conga on the understanding that he was HIV-negative.
She said they had discussed the issue before but Conga never disclosed his status.
She further added that if Conga had disclosed his status, she would not have agreed to have sex.
The court also found the victim to be a credible witness.
“Despite her testifying after at least four years since the incident took place, she gave a clear and a detailed account of what transpired. She didn’t contradict herself on any aspect,’’ said the Magistrate.
Meanwhile, advocate Gerrie Nel, AfriForum’s head of the Private prosecution unit said the judgment was a significant development of the law because it has provided a better understanding of the meaning of consent.
“We share the victim’s relief over the verdict, but we also believe she has been vindicated. When she approached our office, she was receiving no assistance, not even from the SANDF. The private prosecution unit will continue to support women who fight their way through the justice system in order for their voices to be heard,” Nel said.
Matter has been postponed to August, 7, 2024 for sentencing argument.
In 2018, Antoinette Ndishishi approached AfriForum's Private Prosecution Unit for help. The SANDF had refused to hand over the accused's health records. The PPU's intervention secured those records. We have supported Antoinette throughout the process. pic.twitter.com/kWZTocYDwa
— Barry Bateman (@barrybateman) June 12, 2024
