Life sentence for rapist who infected partner with HIV

The Pretoria Magistrates Court today sentenced former SANDF special forces operator Leon Santos Conga to life imprisonment for the rape and attempted murder of his former partner, Antoinette Ndishishi. The sentence draws the curtain on a case AfriForum’s Private Prosecution Unit took on in 2018, and would never have been enrolled without the team’s intervention to ensure critical evidence was secured and compiled in the docket.

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,” she said.

Ndishishi thanked the Private Prosecution Unit for intervening and monitoring the case at every stage, but was now relieved the trial 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 appearance to ensure the case proceeded as it should. “I was listening to the magistrate very, very carefully and she gave a good sentence because It sends a good message. This case is dragging on from long ago. 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,” said Maangwale.

Barry Bateman, the unit’s spokesperson, says 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. 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,” he said.

The unit’s involvement started in 2018 when it 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.

In June, Magistrate 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.

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