The Pretoria Magistrate’s Court sentenced former South African National Defence Force special forces operator Leon Santos Conga to life imprisonment on September 25 for the rape and attempted murder of his former partner, Antoinette Ndishishi.
The court convicted Conga of rape and attempted murder crimes 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 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,” said Ntlati.
In June, 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.
The couple had discussed the issue, but he withheld this information from her.
The sentence draws the curtain on a case AfriForum’s Private Prosecution Unit took on in 2018.
Barry Bateman, the unit’s spokesperson, said the case would never have been enrolled without the team’s intervention to ensure critical evidence was secured and compiled in the docket.
Tina Thiart, women’s rights activist and founder of the anti-gender based violence organisation, 1000 Women 1 Voice, which mobilises South Africans against domestic violence, rape and abuse, said she is appalled by the time it takes the South African courts to get to conviction.
“It took her seven years to find justice in our system. Many women suffer such secondary victimisation because of police and court procedures being so slow. We demand better treatment from police and courts. We totally agree that Conga is guilty of rape and attempt murder,” said Thiart.
She said it is an indictment on the criminal justice system that it took so many years to finalise this case.
“We welcome the successful finalisation of this matter. Together with our partners in the crime prevention cluster and courts, we will fight for justice on behalf of the victims of GBV-crime”” said Thiart.
Ndishishi thanked the unit for intervening and monitoring the case at every stage, and was now relieved it has 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. They shouldn’t be afraid. 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 hearing to ensure it proceeded as it should.
“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,” said Maangwale.
The unit got involved in 2018 when it forced the Defence Force to release Conga’s medical records, which revealed that he had been aware of his HIV status since 2007.
Conga pleaded not guilty to the charges in March 2022.
Thiart advised women to use the following channels when they need legal support:
– Representative of 1000 Women 1 Voice in Pretoria, Lucy Seolola, on 066 133 8978
– If corruption is suspected: https://www.corruptionwatch.org.za/report-corruption/
– Legal Aid: 0800 110 110
– SA Women Legal Centre: 424 5660
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