Former South African National Defence Force (SANDF) member Leon Santos Conga has been convicted of attempted murder and rape for failing to disclose his HIV status to his former partner and infecting her with the virus.

According to AfriForum spokesperson Barry Bateman, the complainant, Antoinette Ndishishi, is represented by AfriForum’s Private Prosecution Unit.

“The unit has been supporting her fight for justice since she approached the unit in 2018. The evidence that the unit helped secure was critical to the conviction.”

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Bateman said the unit forced the SANDF to release Conga’s medical records, which revealed that he was aware of his HIV status since 2007.

“Their refusal to provide these records forced the National Prosecuting Authority (NPA) 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.”

Bateman furthermore said the Pretoria Magistrate Fikiswa Ntlati convicted Conga of rape on Tuesday because Ndishishi only consented to have 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.”

Ntlati convicted Conga of attempted murder because he infected Ndishishi with the virus despite knowing he was HIV positive and failed to inform her.

Bateman added that the court accepted expert testimony that HIV infection is an “incurable and fatal disease”.

Ntlati found Ndishishi to be a credible witness.

“She made a good impression on this court in her demeanour and the way in which she answered clearly and directly to all the questions that were posed to her. 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. She remained consistent and unshaken and did not deviate from her version even during cross-examination. She was credible, and in the opinion of this court, no criticism can be levelled against her.”

Adv. Gerrie Nel, head of the Private Prosecution Unit, says it is 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,” Nel said.

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