[update]South Africa: Trial of soldier charged with attempted murder for alleged HIV transmission reaches conclusion

The attempted murder and rape case against a former member of the South African National Defence Force (SANDF) was on Wednesday postponed by the Pretoria magistrate’s court until April 16 for closing arguments

The accused allegedly infected the complainant, his former partner, with HIV around 2017, while knowing that he had the virus and withheld this from her. The private prosecution unit represents his partner N. who has consented to being identified.

The name of the accused is being withheld because the allegations relate to his health status and the matter is being heard in camera.

In March 2022, when the trial started, the accused pleaded not guilty to all charges.

N. was called on Wednesday to testify to clarify aspects of her evidence. She said the trial, which started in March 2022, had taken its toll on her.

“I would like to see the accused convicted and sentenced and for this matter to be finalised. This trial has taken long, and it is emotionally draining. It is not a nice thing going to court. AfriForum and my family have been very supportive,” she said.

The accused and N. were members of the SANDF when the alleged crimes were committed.

The AfriForum private prosecution unit became involved in 2018, when it forced the SANDF to provide the accused’s medical records that contained information relating to his HIV status dating back to 2007. The records proved the accused has, since 2007, been aware that he is HIV-positive.

The unit said the SANDF’s refusal to provide these records resulted in the National Prosecuting Authority having to withdraw the case twice.

“Without the unit’s persistent pressure on the SANDF, the docket would not have contained sufficient evidence to finally prosecute the accused,” it said.

• A South African soldier is currently on trial for attempted murder after allegedly knowingly infecting his partner with HIV.
• The trial was delayed again on Tuesday, which prompted the State to ask for an investigation as to whether there have been unreasonable delays. 
• The soldier had previously pleaded not guilty. 

After yet another delay in the trial against an SA National Defence Force (SANDF) soldier accused of intentionally infecting his partner with HIV, the State has asked the court to investigate whether there have been unreasonable delays in completing the case.

According to AfriForum’s Private Prosecution Unit, the accused appeared in the Pretoria Magistrate’s Court on Tuesday.

The trial could not continue as his defence attorney was not present.

“It is understood his attorney informed the prosecutor this morning that he was dealing with a family crisis,” the unit’s spokesperson, Barry Bateman, said.

The trial has been postponed on several occasions, most recently in September 2022, because the accused claimed he was ill and could not appear in court.

With the case delayed yet again, prosecutor Emile van der Merwe brought an application in terms of S342A of the Criminal Procedure Act for the court to investigate whether there has been an unreasonable delay in the completion of proceedings.

“The court ruled in the State’s favour and has ordered the defence attorney to present himself to court for a formal investigation.”

The case was then postponed to 25 January.

While the private prosecution unit, which is holding a watching brief for the complainant, said it was disappointed by the delay, it was encouraged the State had taken steps to ensure no further delays happened.

Bateman said the case had already been significantly delayed before the trial started, so they could not tolerate any more stumbling blocks on the road to justice for the complainant.

“We see it far too often that the courts postpone matters for the flimsiest reasons from either accused persons or their defence attorneys.”

He added: We thank the prosecutor for using the legislation available to him to question the reasons for a delay, and to use the powers of the courts to ensure no further delays prejudice the State or the complainant in the matter.

“We will also continue to support the complainant. Our commitment will not wane to ensure that justice is done.”

Charge

News24 previously reported the 45-year-old soldier had pleaded not guilty to a charge of attempted murder.

According to the charge sheet, the accused, a staff sergeant stationed at the SANDF’s Special Forces Unit in Phalaborwa, Limpopo, tested positive for HIV in October 2007.

The accused regularly underwent compulsory medical examinations, which included tests for HIV, as a member of the SANDF.

“The accused was immediately, after the outcome of the aforesaid testing, informed by the SANDF medical staff that he was HIV positive,” the charge sheet stated.

In 2016, he became romantically involved with another soldier who held the rank of corporal in the air force.

It is alleged the accused had consensual and unprotected sex with her on several occasions between December 2016 and April 2017 but never revealed his HIV status to her.

She tested negative for HIV in August 2016 and did not have sex with anyone from the time she received her negative status report until she became involved with the accused, the charge sheet stated.

“The accused very well knew, at all relevant times, that the HIV disease he carried could be sexually transmitted to the complainant if he had unprotected sexual intercourse with her and that by doing so, he could infect the complainant with HIV.”

The complainant had previously testified in the trial, where she told the court she had tested negative for HIV just before becoming romantically involved with the accused.

She also testified the accused would remove the condom during sexual intercourse, despite the fact that they, on those occasions, agreed they would only have intercourse if he wore a condom.

He also allegedly assured her he was HIV-negative.

The complainant told the court the accused allegedly refused to go for an HIV test with her and became angry if she asked him about his HIV status.

• An SANDF member charged with attempted murder after allegedly knowingly and intentionally infecting his partner with HIV has pleaded not guilty.
• It is alleged that the 44-year-old staff sergeant knew about his positive HIV status as far back as 2007, but failed to disclose this to his then partner.
• After allegedly having unprotected sex during their relationship, the victim tested positive for HIV in April 2017.

The South African Defence Force soldier accused of intentionally infecting his partner with HIV has pleaded not guilty to attempted murder.

The accused, 45, appeared in Pretoria Magistrate’s Court on Friday, where the trial got under way following his not guilty plea.

News24 previously reported that the accused, a staff sergeant stationed at the SANDF’s Special Forces Unit in Phalaborwa, Limpopo, tested positive for HIV in October 2007.

According to the charge sheet, the accused regularly underwent compulsory medical examinations, which included tests for HIV, as a member of the SANDF.

“The accused was immediately, after the outcome of the aforesaid testing, informed by the SANDF medical staff that he was HIV positive,” the charge sheet stated.

In 2016, he became romantically involved with another soldier who held the rank of corporal in the air force.

It’s alleged that the accused had consensual and unprotected sex with her on several occasions between December 2016 and April 2017, but never revealed his HIV status to her.

She tested negative for HIV in August 2016 and did not have sex with anyone from the time she received her negative status report until she became involved with the accused, the charge sheet stated.

“The accused very well knew, at all relevant times, that the HIV disease he carried could be sexually transmitted to the complainant if he had unprotected sexual intercourse with her, and that by doing so, he could infect the complainant with HIV.”

Trial 

The victim in the case was the first person to testify, according to AfriForum’s Private Prosecution Unit, which had a watching brief on the case.

She testified that she had tested negative for HIV just before becoming romantically involved with the accused.

“She testified that he would remove the condom during sexual intercourse, despite the fact that they, on those occasions, agreed that they would only have intercourse if he wore a condom and he also on various occasions assured her that he was HIV-negative,” AfriForum’s Natasha Venter said.

The complainant also told the court that the accused allegedly refused to go for an HIV test with her and became angry if she would ask him about his HIV status.

The trial is expected to resume on 14 June.

The attempted murder trial of a 44-year-old SA National Defence Force (SANDF) soldier who allegedly intentionally infected his partner with HIV has been postponed.

The accused, who cannot be named to protect the complainant’s identity, appeared in the Pretoria Magistrate’s Court on Wednesday where his trial was expected to get under way.

But the court heard that his attorney had notified the State that he was ill.

Prosecutor Emile van der Merwe expressed his disappointment and said the prosecution and witnesses were ready to proceed.

He added that the matter had been postponed several times, but only once at the request of the State.

“We would have liked to be in a position where we can reject [the postponement] and demand to proceed, but that’s not possible,” Van der Merwe said.

He asked that the accused’s attorney to present a doctor’s note at the next court appearance. The court initially postponed the matter to 13 October, but the accused said he could not make it because he had found a job in Richards Bay.

“Financially, I won’t make it. I’ve been attending and it keeps getting postponed,” he said.

After a short postponement, he told the court that he had spoken to his attorney and any date from 20 October would be fine.

The matter was postponed to 20 October.

Charge sheet 

News24 previously reported that the staff sergeant, stationed at the SANDF’s Special Forces Unit in Phalaborwa, Limpopo, was charged with attempted murder and an alternate charge of rape under false pretences.

According to the charge sheet, the accused regularly underwent compulsory medical examinations, which included tests for HIV, as a member of the SANDF.

In October 2007, the accused tested positive for HIV at the SANDF sickbay in Phalaborwa.

“The accused was immediately, after the outcome of the aforesaid testing, informed by the SANDF medical staff that he was HIV positive,” the charge sheet read.

In 2016, the accused became romantically involved with another soldier who held the rank of corporal in the air force.

It is alleged that the accused had consensual and unprotected intercourse with her on several occasions between December 2016 and April 2017 but never revealed HIV status to her. She tested negative for HIV in August 2016.

Negative

The charge sheet stated that she did not have sexual intercourse with anyone from the time she received her negative status report until she became involved with the accused.

“The accused very well knew, at all relevant times, that the HIV disease he carried could be sexually transmitted to the complainant if he had unprotected sexual intercourse with her, and that by doing so, he could infect the complainant with HIV.”

The charge sheet said the accused either refused to wear a condom during sex, that he would remove the condom before the completion of sexual intercourse, or that he would insist on having unprotected sex with her.

“The accused persisted to reassure the complainant that he was HIV negative, despite the accused having been informed by the SANDF medical staff as far back as 8 October 2007 that he was HIV positive, and despite him having undergone HIV testing on various occasions since.”

His partner tested positive for HIV in April 2017.

The criminal case against a 44-year-old soldier in the SA National Defence Force (SANDF) charged with attempted murder after allegedly knowingly and intentionally infecting his partner with HIV has been set down for trial.

The accused, who cannot be named to protect the victim’s identity, appeared in the Pretoria Magistrate’s Court this week.

The case was postponed for the accused to plead to the charge of attempted murder.

The plea and trial are expected to start on 29 June.

News24 previously reported that the accused is a staff sergeant, stationed at the SANDF’s Special Forces Unit based in Phalaborwa, Limpopo.

According to the charge sheet, being in the SANDF, the accused underwent compulsory medical examinations, which included tests for HIV regularly.

In October 2007, the accused tested positive at the SANDF sickbay in Phalaborwa. Further laboratory testing confirmed his positive status.

“The accused was immediately, after the outcome of the aforesaid testing, informed by the SANDF medical staff that he was HIV positive,” the charge sheet read.

In 2016, the accused then became romantically involved with another soldier, who held the rank of corporal in the air force.

The accused had consensual and unprotected intercourse with the victim on several occasions between December 2016 and April 2017.

HIV status never revealed

The State alleged the accused never revealed his HIV status to his partner during their relationship and the victim had tested negative for HIV in August 2016 before the two got romantically involved.

The charge sheet further stated the victim did not have sexual intercourse with anyone from when she received her HIV report until she became involved with the accused.

The accused allegedly made his partner believe he was HIV negative, which led to her being persuaded to have unprotected sexual intercourse with him.

“The accused very well knew, at all relevant times, that the HIV disease he carried could be sexually transmitted to the complainant if he had unprotected sexual intercourse with her, and that by doing so, he could infect the complainant with HIV,” the charge sheet read.

It is alleged the accused either refused to wear a condom during sex, would prematurely remove the condom before the completion of sexual intercourse, or that he would insist and persist in having unprotected sex with the victim.

“The accused persisted to reassure the complainant that he was HIV negative, despite the accused having been informed by the SANDF medical staff as far back as 8 October 2007 that he was HIV positive, and despite him having undergone HIV testing on various occasions since.”

The State accused the soldier of intentionally attempting to kill the victim by having unprotected sexual intercourse with her, which caused her to be infected with HIV. This is because HIV is a medical condition that permanently puts the victim at risk of developing Aids, which has the potential to kill her.

The hearing of the former armed forces officer that intentionally infected a fellow member of the armed forces with HIV and is now charged with attempted murder, will begin on 27 January 2021. AfriForum’s Private Prosecution Unit is currently supporting the victim. The accused again appeared in court today to obtain a copy of the docket in the case against him. His legal representative argued that he is not available for the remainder of the year and needs time to study the docket.

AfriForum’s Private Prosecution Unit became involved in this case in 2018 after a member of the media approached the unit for assistance. After consultation with the prosecutor, the unit learned that the South African National Defence Force (SANDF) failed to supply the necessary information to the National Prosecuting Authority (NPA). After continuous pressure by the unit, the docket is now complete and the NPA could continue prosecuting the accused.

“This case has now been dragging on for more than three years and AfriForum welcomes the fact that a date for the hearing has been set. We will continue monitoring the case and supporting the complainant to ensure that justice prevails,” says Adv. Phyllis Vorster, prosecutor at AfriForum’s Private Prosecution Unit.

Issued by Carina Bester, Media Relations Officer, AfriForum, 16 September 2020

A 44-year-old soldier in the SANDF has been charged with attempted murder after allegedly knowingly and intentionally infecting his partner with HIV.

The accused, who cannot be named to protect the identity of the victim, appeared briefly in the Pretoria Magistrate’s Court on Thursday morning.

The staff sergeant, stationed at the SANDF’s Special Forces Unit based in Phalaborwa, Limpopo, has been charged with attempted murder, with an alternate charge of rape under false pretences.

According to the charge sheet, being in the SANDF, the accused underwent compulsory medical examinations, which included tests for HIV, on a regular basis.

In October 2007, the accused tested positive for HIV at the SANDF sickbay in Phalaborwa. Further laboratory testing confirmed his positive status.

The accused was immediately, after the outcome of the aforesaid testing, informed by the SANDF medical staff that he was HIV positive,” the charge sheet read.

n 2016, the accused then became romantically involved with another soldier, who held the rank of corporal in the airforce. The accused had consensual and unprotected intercourse with the victim on several occasions between December 2016 and April 2017.

Accused never revealed HIV status

It’s alleged that, during this time, the accused never revealed his HIV status to her. Shortly before the two got romantically involved, the victim tested negative for HIV in August 2016. The charge sheet further states that the victim did not have sexual intercourse with anyone from the time she received her HIV report until she became involved with the accused.

The accused allegedly made his partner believe that he was HIV negative, which led to her to being persuaded to have unprotected sexual intercourse with the accused.

“The accused very well knew, at all relevant times, that the HIV disease he carried could be sexually transmitted to the complainant if he had unprotected sexual intercourse with her, and that by doing so, he could infect the complainant with HIV.”

The charge sheet further alleges that the accused either refused to wear a condom during sex, that he would prematurely remove the condom before the completion of sexual intercourse, or that he would insist and persist in having unprotected sex with the victim.

“The accused persisted to reassure the complainant that he was HIV negative, despite the accused having been informed by the SANDF medical staff as far back at 8 October 2007 that he was HIV positive, and despite him having undergone HIV testing on various occasions since.”

All the tests confirmed that the accused was indeed HIV positive, and that he also received and utilised the prescribed medication for the condition.

The victim eventually tested positive for HIV in April 2017 after allegedly being infected by the accused.

Charges

According to the charge sheet, the accused has been charged with attempted murder. The charge sheet accuses the soldier of intentionally attempting to kill the victim by having unprotected sexual intercourse with the victim which caused her to be infected with HIV. The charge further states that HIV is a medical condition that permanently puts the victim at risk of developing Aids, which had the potential to kill her.

There is an alternate charge of rape under false pretences in which the soldier is accused of unlawfully and intentionally and under false pretence committed acts of sexual penetration with the victim.

The alternate charge states that the accused misled the victim about his status and thereby had unprotected sex with her which led to her becoming HIV positive.

The matter against the accused, who is currently out of custody on a warning, has been postponed to 16 September.