A military court has handed down a significant ruling in a case involving HIV non-disclosure, sending a strong message about accountability for gender-based violence.
The case, which has been ongoing for several years, concluded with a sentence that observers say appropriately addresses the severity of the crimes committed.
Barry Bateman, spokesperson for a legal advocacy unit involved in the case, praised the victim’s determination: “Antoinette has shown remarkable courage in pursuing justice. However, this case also highlights the challenges women face within the criminal justice system when seeking to hold perpetrators of gender-based violence accountable.”
Bateman expressed disappointment at the lack of support from the South African National Defence Force (SANDF) for the female victim, who was one of their members.
The advocacy unit became involved in 2018 when it compelled the SANDF to release crucial medical records. These records revealed that the accused, Conga, had known his HIV-positive status since 2007. The initial withholding of this evidence had forced the National Prosecuting Authority to withdraw the case twice due to insufficient evidence.
In March 2022, Conga pleaded not guilty to the charges. However, Magistrate Ntlati ultimately convicted him of rape and attempted murder. The court determined that the victim, Ndishishi, only consented to sexual intercourse under the false belief that Conga was HIV-negative. Expert testimony affirming HIV as an “incurable and fatal disease” supported the attempted murder conviction.
The National Prosecuting Authority welcomed the sentence, emphasizing that such crimes, which have lasting impacts on victims, will not be tolerated.
This case sets an important precedent in addressing HIV non-disclosure and its intersection with sexual consent and gender-based violence in South Africa.