Ex-SANDF employee sentenced to life for rape and infecting ex with HIV

An ex-South African National Defence Force (SANDF) employee has been sentenced to life for raping his girlfriend and an additional 10 years for knowingly exposing and infecting her with HIV.

SANDF employeed lied about being HIV negative

Leon Santos Conga, 48, and Antoinette Ndishishi were in a relationship for four months from 16 December 2016 until April 2017.

Before the relationship started, Ndishishi tested negative for HIV on 1 December 2016, and when the relationship began, she insisted on knowing Conga’s HIV status.

He however lied to his ex-girlfriend and told her that he was HIV negative, hence the SANDF were able to deploy him outside South Africa.

Despite the lie, Ndishishi established a “no condom, no sex” rule in the relationship. Conga defied this rule and removed the condom when the two were intimate.

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“This apparently happened twice until the victim felt unwell and went to do an HIV test. When the results came back positive, she confronted Conga, who denied infecting her,” said National Prosecuting Authority (NPA) spokesperson Lumka Mahanjana.

Ndishishi then reported the matter to the police in May 2017, but the docket was only opened on 9 July 2017. Insufficient evidence led to the matter’s withdrawal in 2017 after numerous court postponements.

After investigations and the required evidence was obtained from the SANDF, the matter was re-enrolled on 21 August 2021, and Conga appeared in court. The SANDF’s evidence was only provided because of pressure from AfriForum’s private prosecution unit.

Attempted murder charge for deliberately infecting with HIV

Mahanjana said that in court, Conga said the condom was removed by his ex and denied infecting her with HIV.

However, Pretoria Magistrates’ Court state prosecutor, Advocate Emile van der Merwe, called a witness, Professor Terresa Russouw, an HIV expert who testified about the effects of HIV and assisted the state in proving an attempted murder charge.

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Van der Merwe also provided evidence that revealed that Conga first tested HIV positive on 8 October 2007, therefore he was aware of his HIV status when he removed the condom and had intercourse with the victim. 

During the sentencing, Van der Merwe argued that Conga knew Ndishishi as he served in the military with her brother. 

“She trusted him, but he betrayed that trust. Furthermore, Van der Merwe said rape is not only a serious violent crime, but it is extremely prevalent; therefore, the courts and prosecutions owe it to the community to deal with such matters with the seriousness and devotion it requires,” Mahanjana said.

‘Emotional scar and a permanent trademark’

He also provided a Victim Impact Statement (VIS), and Ndishishi told the court that her ex-boyfriend left her with an emotional scar and a permanent “trademark”, which is HIV.

“Taking antiretroviral treatment (ARV) every night is a constant reminder of the scar he permanently gave her. As such, she has anxiety and fears about ever infecting her partner should she be in a relationship or infecting her child should she decide to have a baby,” Mahanjana said.

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When handing down the sentence, Magistrate Fikiswa Ntlati agreed with the state that Conga showed no remorse and that he committed a very serious offence that had devastating effects on Ndishishi and her family. 

“Though the government continues to conduct campaigns around the country, there are still provinces where HIV infections are increasing because of such conduct, she said, finding no compelling and substantial circumstances to deviate from the prescribed minimum sentence.”

Conga was therefore sentenced to life imprisonment for rape and an additional 10-year direct imprisonment for attempted murder for knowingly exposing and factually infecting Ndishishi with HIV. The court ordered that the sentence should run concurrently.

Took to long to finalise case – Bateman

The NPA welcomed the sentence and said it appreciates the contribution that AfriForum made towards the successful prosecution of this case.

“We also want to send a clear message that offences of this nature that have permanent adverse impact on the victim will not be tolerated. Sexual crime offenders will be dealt with with the full might of the law,” Mahanjana said.

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AfriForum’s Private Prosecution Unit spokesperson, Barry Bateman, said it is 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,” he 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.

“We remain disappointed at the failure by 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.”