On Wednesday, the Pretoria Magistrates’ Court sentenced Leon Santos Conga, a former employee of the South African National Defence Force (SANDF), to life imprisonment for the rape of his girlfriend. He received an additional 10-year sentence for attempted murder for knowingly exposing her to HIV.
Conga was found guilty on June 11, 2024. Lumka Mahanjana, the Regional Spokesperson for the National Prosecuting Authority (NPA) in Pretoria, stated that the sentences will run concurrently.
Conga and the victim were in a relationship from December 16, 2016, to April 2017. Prior to their relationship, the victim tested negative for HIV on December 1, 2016. Concerned about his status, she had insisted on knowing Conga’s HIV results. He falsely claimed to be HIV negative, stating his employer had deployed him abroad due to his health status. They agreed on a “no condom, no sex” rule, but Conga removed the condom during intercourse on two occasions.
After feeling unwell, the victim tested positive for HIV and confronted Conga, who denied infecting her. She reported the incident to the police in May 2017, but the case was only formally opened in July. In 2018, the case was withdrawn due to insufficient evidence. However, it was later reopened on August 21, 2021, after further investigations revealed crucial evidence from the SANDF.
During the trial, Conga claimed that the victim had removed the condom, denying responsibility for her HIV infection. The state presented expert testimony from Professor Terresa Russouw, who provided insights on HIV’s effects and helped substantiate the attempted murder charge. Evidence showed that Conga had tested positive for HIV as early as October 8, 2007, indicating he was aware of his status when he had unprotected sex with the victim.
In sentencing, Advocate Emile Van der Merwe emphasized that Conga had betrayed the victim’s trust and that rape is a severe crime with widespread implications. He called for a life sentence, supported by a Victim Impact Statement from the victim, who described the lasting emotional trauma and the constant reminder of her condition through nightly antiretroviral treatment. She expressed fears of transmitting the virus to future partners or children.
Regional Magistrate Ntlati agreed with the prosecution, noting Conga’s lack of remorse and the profound impact of his actions on the victim and her family.
