The former SANDF special forces operator Leon Santos Conga, who knowingly infected a woman with HIV, was this week sentenced to life imprisonment for her rape and attempted murder.
The victim, Antoinette Ndishishi, earlier asked the Pretoria Magistrate’s Court to impose the ultimate sentence - life imprisonment - on the man who was her partner at the time.
The pair were in a love relationship for four months from December 2016 to April the following year. Before they began their relationship, Ndishishi had done an HIV test which came back negative.
She insisted on knowing Conga’s HIV status and he lied, saying that he was negative. He said this was the reason why his employer was able to deploy him outside the country. Ndishishi, however, told him “no condom, no sex”.
However, on two occasions he removed the condom. Ndishishi later discovered that she was infected and she reported the matter to the police. The matter was subsequently withdrawn due to insufficient evidence, but AfriForum took up her plight.
This week’s sentence draws the curtain on the case AfriForum’s Private Prosecution Unit took on in 2018 and would never have been enrolled without the team’s intervention to ensure critical evidence was secured and compiled in the docket.
The court convicted Conga of rape and attempted murder in June this year. Magistrate Fikiswa Ntlati found no reason to deviate from imposing the prescribed minimum sentence of life imprisonment.
“This is a very serious offence, which has had devastating consequences, not only for the victim, but for her family as well. She has to adjust her lifestyle, has to be cautious, and has to be on medication for life,” Ntlati said.
She added that Ndishishi now has to live with the stigma of her condition, and the effect of Conga’s conduct will last for the victim’s lifetime. Yet Conga still demonstrates no remorse whatsoever for his actions, the magistrate said.
Ndishishi was relieved the trial had come to an end. “I feel very happy, especially that I had to fight for seven years to get the justice that I was looking for. When I decided to fight, I decided to fight so that other people can also come out. It's not an easy case,” she said.
Ndishishi urged women not to be afraid to speak out. “They should just stand their ground. If you speak the truth then nothing will go wrong,” she said.
Slang Maangwale, an investigator at the unit, attended every court appearance to ensure the case proceeded as it should. “I was listening to the magistrate very carefully and she gave a good sentence, as it sends a good message.”
He added that this case has been dragging on for a long time. Maangwale said he stood by her side to ensure that justice is served.
Barry Bateman, the unit’s spokesperson, said: “Antoinette has displayed incredible resolve to have her voice heard and to ensure justice was done. But it is a demonstration of how hard women have to fight within the criminal justice system to hold perpetrators of gender-based violence accountable.”
Bateman added that they remain disappointed at the failure by the SANDF to support one of their own female members.
The unit’s involvement started in 2018 when it forced the SANDF to release Conga’s medical records, which revealed that he had been aware of his HIV status since 2007. Their refusal to provide these records forced the National Prosecuting Authority to withdraw the case twice.
Without these records, the docket lacked sufficient evidence to charge the accused. Conga pleaded not guilty to the charges in March 2022.
Ntlati convicted Conga of rape 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.
Ntlati convicted Conga of attempted murder because he infected Ndishishi with the virus despite knowing he was HIV positive and failed to inform her. The court accepted expert testimony that HIV infection is an "incurable and fatal disease".
The NPA meanwhile welcomed the sentence and warned that crimes of this nature will not be tolerated as they have a permanent adverse impact on the victim.
Pretoria News