Ex-soldier sentenced to life in prison for knowingly infecting girlfriend with HIV

Pretoria – Former South African National Defence Force (SANDF) member Leon Santos Conga, who hid his HIV-positive status from his then partner Antoinette Ndishishi, has been sentenced to life in prison for rape, and 10 years for attempted murder. 

Conga was sentenced in the Pretoria Magistrate’s Court on Wednesday (September 26, 2024). Handing down the sentence, 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,” said Magistrate Ntlati. 

“She had to adjust her lifestyle, has to be cautious, and has to be on medication for life. 

“She now has to live with the stigma of her condition, and the effect of the accused’s conduct will last for the victim’s lifetime.

“And the accused person still demonstrates no remorse whatsoever for his actions.” Earlier, rape survivor Ndishishi, a South African Air Force (SAAF) sergeant asked the court to send a strong message by imposing the harshest possible sentence on the man who raped her and infected her with HIV.

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.

Magistrate 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 sentence draws the curtain on a case AfriForum’s Private Prosecution Unit took on in 2018. After the sentencing, Ndishishi thanked the AfriForum Private Prosecution Unit for intervening.

“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 could also come out. It’s not an easy case. They shouldn’t be afraid. They should just stand their ground. If you speak the truth then nothing will go wrong.”  

AfriForum’s Private Prosecution Unit investigator, Slang Maangwale, who attended every court appearance to ensure the case proceeded as it should, said: “I was listening to the magistrate very, very carefully and she gave a good sentence because It sends a good message. 

“This case has been dragging on for a long. If AfriForum was not involved, this case would never have been solved.  I was there every day to support the victim, Antoinette Ndihishi, to make sure that justice is served.”  

AfriForum’s Private Prosecution Unit spokesperson Barry Bateman said it was an indictment on the criminal justice system that it took so many years to finalise this case.

“Like so many other cases monitored by AfriForum’s Private Prosecution Unit, this rape matter would not have reached this stage without our intervention.

“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.

“We remain disappointed at the failure of the SANDF to support one of their own female members. “The Private Prosecution Unit, on the other hand, will continue its support of victims of crime.”  

– Original article: thebulrushes.com