The Pretoria magistrate’s court has sentenced a former SANDF employee, Leon Santos Conga, 48, to life imprisonment for rape of his girlfriend at the time. He was given an additional 10-year direct imprisonment for attempted murder.
This for knowingly exposing and factually infecting his girlfriend with HIV. The court ordered that the sentences should run concurrently.
Conga and the victim were in a love relationship for four months, from December 16 2016 until April 2017. Before the two began their relationship, the victim had done an HIV test on December 1 2016. The test came back HIV negative.
Victim tested negative when relationship started
When the two started their relationship, the victim raised the HIV conversation and insisted on knowing Conga’s HIV status. Conga then lied and misled the victim and told her that he was HIV negative. He said this was why his employer was able to deploy him outside the country.
However, the victim came with the condition in their relationship that “no condom no sex”. One time when the two were intimate, Conga removed the condom. This apparently happened twice until the victim felt unwell and went to do an HIV test. When the results came back positive, she confronted Conga, who denied infecting her.
She then reported the matter to the police in May 2017. However, the docket was only opened on July 9 2017. In 2018, after several postponements in court, the matter was withdrawn due to insufficient evidence. Later, investigations and the required evidence was obtained from the SANDF. The matter was re-enrolled on August 21 2021, and Conga appeared in court.
State proved attempted murder
During the trial, Conga stated that the condom was removed by the complainant. He denied infecting the victim with HIV. However, state prosecutor, Advocate Emile Van der Merwe called a witness, Professor Terresa Russouw. The latter is an HIV expert, and she testified about the effects of HIV.
This assisted the state in proving the attempted murder charge. The state also provided evidence which revealed that Conga first tested HIV positive on 08 October 2007. Therefore, he was aware of his HIV status when he removed the condom and had intercourse with the victim.
During the sentencing, in aggravation of sentence, Van der Merwe argued that Conga was known to the victim. He served in the military with her brother. She trusted him, but he betrayed that trust.
Furthermore, Van der Merwe said rape is not only a serious violent crime, but it is extremely prevalent. Therefore, the courts and prosecutions owe it to the community to handle such matters with the seriousness and devotion it requires.
Victim impact statement
He asked the court to impose a sentence of life imprisonment. Van der Merwe also handed in a Victim Impact Statement (VIS). He called the victim to testify in aggravation. The victim told the court that the man left her with an emotional scar. She is also left with a permanent trademark which is HIV.
Taking antiretroviral treatment (ARV) every night is a constant reminder of the scar he permanently gave her. As such, she has anxiety and fears about ever infecting her partner. This is in the event she gets in a relationship. She also has anxiety about infecting her child, should she decide to have a baby.
When handing down the sentence, magistrate Ntlati agreed with the state that Conga showed no remorse. Also that he committed a very serious offence that had devastating effects on the victim and her family. Though the government continues to conduct campaigns around the country, HIV infections are increasing. And that is because of such conduct, she said. And she found no compelling and substantial circumstances to deviate from the prescribed minimum sentence.
The National Prosecuting Authority’s Lumka Mhanjana said they welcomed the sentence. It also lauded AfriForum’s contribution it made towards the successful prosecution of this case.
“We want to send a clear message about offences of this nature that have permanent adverse impact on the victim. They will simply not be tolerated. Sexual crime offenders will be dealt with, with the full might of the law,” Mhanjana said.
