Ex-soldier sentenced to life in prison for infecting then-girlfriend with HIV

A former SA soldier who knew he was HIV positive when he removed a condom during sexual intercourse with his girlfriend and knowingly infected her has been handed a life sentence.

Handing down the sentence on Wednesday at Pretoria magistrate's court, Fikiswa Ntlati said Leon Santos Conga showed no remorse and had committed a very serious offence that had devastating effects on the victim and her family by knowingly infecting her.

“Though the government continues to conduct campaigns around the country, there are still provinces where HIV infections are increasing because of such conduct,” Ntlati said.

Ntati then sentenced him to life imprisonment for rape as well as an additional 10 years for attempted murder.

Conga and the woman were in a relationship for four months from December 2016 to April 2017.

The victim came with the condition in their relationship that 'no condom, no sex'.Gauteng NPA spokesperson, Lumka Mahanjana

According to Gauteng National Prosecuting Authority (NPA) spokesperson, Lumka Mahanjana, the then-girlfriend had tested negative for HIV several days before the commencement of her relationship with Conga.

“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 hence 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,” said Mahanjana.

“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 decided to take a test and discovered she had been infected.

“She confronted Conga who denied infecting her. She then reported the matter to the police in May 2017.

“However, the docket was only opened in July 2017. In 2018, after several postponements in court, the matter was withdrawn due to insufficient evidence. However, after investigations and the required evidence was obtained from the South African National Defence Force [the matter] was re-enrolled on August 21 2021 and Conga appeared in court,” she said.

Mahanjana said during the trial, Conga stated that the condom was removed by the complainant and denied infecting the victim with HIV.

However, the state prosecutor, Adv Emile Van der Merwe, called as a witness Prof Terresa Russouw, an HIV expert who testified about the effects of HIV and assisted the state in proving the attempted murder charge.

“The state also provided evidence which revealed that Conga first tested HIV positive on October 8 2007, therefore he was aware of his HIV status when he removed the condom and had intercourse with the victim.

“Van der Merwe also handed in a victim impact statement and called the victim to testify in aggravation, where the victim told the court that the man left her with an emotional scar and a permanent trademark which is HIV.

“Taking antiretroviral treatment 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 should she be in a relationship or infecting her child should she decide to have a baby,” Mahanjana said.

“The NPA welcomes the sentence and appreciates the contribution that AfriForum made towards the successful prosecution of this case. We also want to send a clear message that offences of this nature that have a permanent adverse impact on the victim will not be tolerated. Sexual crime offenders will be dealt with, with the full might of the law.”

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