Pretoria – Rape survivor Antoinette Ndishishi, South African Air Force (SAAF) sergeant has asked the Pretoria Magistrate’s Court to send a strong message by imposing the “harshest possible” sentence on the man who raped her and infected her with HIV.
Earlier this year In June, the court convicted former South African National Defence Force (SANDF) member Leon Santos Conga of rape and attempted murder for infecting Ndishishi with HIV.
The court is expected to hand down judgment today, Wednesday (25 September 2024).
AfriForum’s Private Prosecution Unit has represented the SAAF sergeant since 2018.
AfriForum’s Private Prosecution Unit spokesperson Barry Bateman said on Monday, Ndishishi, who consented to her identity being revealed, argued in aggravation before the sentencing of the former SANDF member.
“This marks the final time she will be called as a witness in a case that has dragged on for more than six years,” Bateman said.
“The Private Prosecution Unit has supported her throughout this difficult journey, but her quest for justice would never have materialised had it not been for our intervention.
“The Private Prosecution Unit’s support of women seeking justice will not wane.
“Equally, we thank Prosecutor Emile van der Merwe for his unwavering commitment to Ndishishi’s cause.”
Ndishishi read her victim impact statement, which had been commissioned by the unit, into the court record, in which she described how the crime had devastated her life.
“All these things cause a lot of fear and anxiety for me. I therefore have to go for frequent psychological counselling,” said Ndishishi.
“When I see the look in people’s eyes and see how I am judged and condemned and even for the rest of my life, it is devastating. I have lost my dignity and respect.
“He not only gave me a death sentence to my body but killed my entire life, emotions, self-image and sense of worth.
“I have nothing against the accused other than the fact that he infected me with HIV.
“He did not disclose his HIV-positive status to me and denied being HIV-positive.
“I wish for the court to give him the harshest sentence possible and that he is taken out of society so that he doesn’t infect any vulnerable person.
“He literally has given me a death sentence and I do not wish this on anybody else.”
Despite Magistrate Fikiswa Ntlati’s findings based on the overwhelming and conclusive evidence presented during the trial, in sentence argument Conga continued to deny that he was HIV positive.
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.
Magistrate 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”.
