A former member of the South African National Defence Force (SANDF) has been convicted of attempted murder and rape for failing to disclose his HIV status with his partner.
Leon Santos Conga was convicted in the Pretoria Magistrates Court on Tuesday after Afriforum's Private Prosecution Unit took over the case on behalf of the victim.
A spokesperson for the Unit Barry Bateman says Antoinette Ndishishi approached the unit in 2018 when the National Prosecution Authority (NPA) withdrew the case, twice, as the SANDF would not provide the court with Conga's medical records.
He says the PPU forced the SANDF to release the records which revealed that he was aware of his HIV status since 2007.
Magistrate Fikiswa Ntlati convicted Conga of rape and attempted murder because Ndishishi only consented to having sex with him on the understanding that he was HIV-negative. The court accepted Ndishishi's testimony that if Conga had disclosed his status, she would not have agreed to have sex. The couple had discussed the issue, but he withheld this information from her.
Advocate Gerrie Nel, head of the Private Prosecution Unit, said it was moments like these that inspired him to become a prosecutor. "It has demonstrated that the establishment of the Private Prosecution Unit is critical to ensuring justice for victims of crime. The judgment is a significant development of the law because it has provided a better understanding of the meaning of consent. Antoinette consented to unprotected sex, but she only did so because the accused told her he was HIV-negative.
"We share Antoinette'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. We also want to thank Adv. Emile van der Merwe, the prosecutor, for his commitment to ensuring justice is served," says Nel.
Ndishishi said she is grateful for the support from the PPPU.
“Before that, I only had the support of my mother. I feel like I got justice because he was found guilty on both counts, attempted murder and rape. Honestly, hearing the words of the magistrate convict him and find him guilty, I actually cried. I cried because I’d been fighting for seven years, so I was very happy.
“It would be nice for other women to come out and report such matters because in South Africa, we’ve got a high rate of HIV infections. They shouldn’t be afraid. I know most of the ladies would say they are afraid to come out because of the stigma and discrimination associated with HIV and also because of the lengthy court process. But if you’re patient and firm in your decision, then obviously you’re going to make it. They shouldn’t be afraid. I believe such people need to be locked up,” she said.
The matter has been postponed to 7 August 2024 for sentence argument.
