'Do not be afraid to speak out': Rape survivor on life jail term for ex-SANDF member who gave her HIV

Antoinette Ndishishi has expressed relief at the hefty sentence imposed on Leon Santos Conga, a former South African National Defence Force employee who infected her with HIV.

The Pretoria magistrate's court this week sentenced Conga to life imprisonment for the rape of Ndishishi, who was his girlfriend at the time. He was given an additional 10 years' direct imprisonment for attempted murder for knowingly exposing and infecting Ndishishi with HIV.

“I am very happy about this, especially because I have been fighting for seven years now for justice. When I decided to fight for justice, I did it so that other people could also come forward with their own stories,” Ndishishi said. She has consented to her identity being made public. 

“It is not easy, but they should not be afraid. They must stand strong. If you only speak the truth, then nothing can go wrong.”

The state provided evidence that revealed Conga first tested HIV-positive in October 2007 and was aware of his HIV status. Ndishishi had taken an HIV test in December 2016, which came back negative before the two started dating.

Magistrate Fikiswa 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.

National Prosecuting Authority spokesperson Lumka Mahanjana said Conga allegedly removed the condom twice while having sex with Ndishishi without her knowledge. Ndishishi went to get an HIV test when she felt unwell after that incident. When the results came back positive, she confronted Conga, who denied infecting her.

She reported the matter to the police in May 2017, and the docket was opened on July 9 2017. In 2018, after several court postponements, the matter was withdrawn due to insufficient evidence.

AfriForum's private prosecution unit became involved in the case in 2018 after being approached. The unit said it forced the SANDF to make Conga's medical records available, which showed he had been aware of his HIV status since 2007.

“Their failure to make these records available to the NPA resulted in the case being withdrawn twice. Without these records, much important evidence would have been missing from the file to prosecute the accused,” AfriForum spokesperson Barry Bateman said.

“Antoinette showed incredible determination to make her voice heard and ensure that justice was done for her. However, this is an example of how hard women have to fight within the criminal justice system to bring perpetrators of gender-based violence to justice. We remain disappointed in the SANDF for their failure to assist one of their own female members in this matter. However, the private prosecution unit will continue to support victims of crime.”

AfriForum's private prosecution unit investigator Slang Maangwale was satisfied with the sentencing.

“This case has been dragging on for a very long time now. If AfriForum had not got involved, this matter would probably never have been resolved. I was there every day to assist Antoinette and make sure that justice was done,” Maangwale said.

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