Woman vindicated after lover who infected her with HIV is convicted of attempted murder

An HIV activist has commended a woman who fought tooth and nail to ensure that her ex-partner who infected her with HIV is brought to book.

On Tuesday, former SA National Defence Force member Leon Santos Conga was convicted of attempted murder and rape for failing to disclose his HIV status to his former lover whom he infected with the virus.

Antoinette Ndishishi opened a case against Conga but the NPA withdrew it twice, citing lack of evidence.

She then approached AfriForum in 2018 for assistance. They managed to get the evidence and also helped the NPA draw the charges. The matter was taken to court and Ndishishi won her case.

On Thursday, activist Mpho Mbeki – who is also a member of the Women Arising movement – said: "This is a very sensitive issue, but honestly it does give hope to those that are in a similar situation, especially because people can be cruel and intentionally infect others [with the virus].

"It also pushes us as couples to talk about our sexual health before engaging in sex so that one can decide for themselves whether they continue with you or not after you've disclosed about your HIV status. Truth is, most of us were infected by partners who knew their own status but chose not to say anything."

Treatment Action Campaign's Xabisa Qwabe called on anyone who might have gone through the same ordeal to approach her organisation which she said would also provide legal assistance. 

"For anyone going through this, they should come out and as an organisation that advocates for people's rights, we are saying come and we will help where we can," she said.

"Due to the high rate of HIV infection in SA, especially among adolescent girls and young women, we are calling on SA law to support women. He [Conga] had an opportunity to disclose his status, but he chose not to do so, that is a human rights violation. The law must take its course," she said.  

A spokesperson for AfriForum's private prosecution unit Barry Bateman said the unit forced the SANDF to release Conga’s medical records, which revealed that he had been aware of his HIV status since 2007.

"Their refusal to provide these records forced the National Prosecuting Authority to withdraw the case twice. "Without these records, the docket lacked sufficient evidence to charge the accused."

Bateman said Pretoria 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. The couple had discussed the issue, but he withheld this information from her."

A triumphant Ndishishi has encouraged other women to come out. 

"They shouldn't be afraid. I know most of the ladies who say they are afraid to come out because of the stigma and discrimination associated with HIV and also the lengthy court process, but if you are patient and firm in your decision, you are going to make it," she said.