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Life sentence for rapist who infected partner with HIV

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The Pretoria Magistrate’s Court has recently handed down a life imprisonment sentence to former South African National Defence Force special forces operator Leon Santos Conga on September 25. This verdict stems from the charges of rape and attempted murder involving his former partner, Antoinette Ndishishi, for which Conga was convicted earlier this year in June.

Magistrate Fikiswa Ntlati, in her ruling, cited the gravity of the crimes and their enduring impact on the victim and her family as key factors justifying the imposition of the prescribed minimum sentence of life imprisonment.

During the trial, it emerged that Ndishishi had only consented to engage in sexual activity with Conga under the condition that he was not HIV-positive. The court upheld Ndishishi’s account that had she been aware of Conga’s status, she would not have agreed to intimate relations.

The conclusion of this case marks the culmination of efforts initiated by AfriForum’s Private Prosecution Unit back in 2018. Barry Bateman, spokesperson for the unit, highlighted their instrumental role in ensuring the collection and preservation of crucial evidence necessary for the prosecution.

Women’s rights advocate Tina Thiart expressed concern over the protracted duration it took for the South African judicial system to reach a verdict in this matter. She emphasized the imperative for expeditious handling of such cases to prevent further victimization of individuals seeking justice.

Furthermore, Ndishishi expressed gratitude towards the unit for their unwavering support throughout the legal proceedings, signaling relief that the trial has reached its conclusion.

Slang Maangwale, an investigator with the unit, commended Ndishishi’s courage and determination in pursuing justice within the legal framework, underscoring the challenges women often face in seeking accountability for gender-based violence.

The involvement of the Private Prosecution Unit in obtaining Conga’s medical records from the Defence Force back in 2018, revealing his prior knowledge of his HIV status, was a pivotal moment in the case. Conga, however, maintained a plea of not guilty during the trial proceedings in March 2022.

Thiart offered guidance to women in need of legal support, recommending specific channels for assistance. These include reaching out to representatives of organizations such as 1000 Women 1 Voice and utilizing resources such as Legal Aid and the SA Women Legal Centre.

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