A former member of the South African National Defence Force (SANDF), Leon Santos Conga, has been convicted of attempted murder and rape after intentionally infecting his girlfriend with HIV.
Conga appeared before the Pretoria Magistrate’s Court on Tuesday, June 11, 2024, where he was found guilty of the charges.
The victim, Antoinette Ndishishi, was represented by AfriForum’s Private Prosecution Unit. AfriForum revealed that they had to force the SANDF to release Conga’s medical records, which showed he had been aware of his HIV-positive status since 2007.
AfriForum stated that the SANDF initially refused to release these records, leading the National Prosecuting Authority (NPA) to withdraw the case twice.
Conga began a romantic relationship with the victim, also a member of the SANDF, in 2016. Ndishishi consented to sexual relations with Conga under the belief that he was HIV-negative. Despite discussing the issue, Conga never disclosed his status. Ndishishi testified that she would not have agreed to have sex if she had known the truth.
The court found Ndishishi to be a credible witness. “Despite her testifying after at least four years since the incident took place, she gave a clear and detailed account of what transpired. She didn’t contradict herself on any aspect,” said the Magistrate.
Advocate Gerrie Nel, head of AfriForum’s Private Prosecution Unit, highlighted the significance of the judgment in developing the understanding 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.
The case has been postponed to August 7, 2024, for sentencing arguments.
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