The NPA takes steps to ensure no further delay in HIV attempted murder case
10 January 2023
AfriForum’s Private Prosecution Unit is disappointed at yet another delay in the attempted murder and rape case against a former member of the South African National Defence Force (SANDF). However, the unit is encouraged by the National Prosecuting Authority’s (NPA) steps to ensure no further delays in the hearing of the matter. The accused allegedly infected the complainant, his former partner Antoinette Ndishishi, with HIV while knowing that he had the virus and withheld this fact from her.
His name is being withheld because the allegations relate to his health status.
The accused made a brief appearance in the Pretoria Magistrate’s Court today, but without his defence attorney. The case was previously postponed in September last year because the accused claimed he was ill. It is understood his attorney informed the prosecutor this morning that he was dealing with a family crisis.
Prosecutor Emile van der Merwe brought an application in terms 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 present himself to court for a formal investigation.
Both the accused and the complainant were members of the SANDF when the alleged crimes were committed. The Private Prosecution Unit became involved in this matter in 2018, which started with forcing the SANDF to provide the accused’s medical records that contained information relating to his HIV status dating back to 2007.
The SANDF’s refusal to provide these records, resulted in the NPA having to withdraw the case twice. Without the Private Prosecution Unit’s persistent pressure on the SANDF, the docket would not have contained sufficient evidence to finally prosecute the accused.
“This matter was significantly delayed before the trial even started, so we cannot tolerate any further stumbling blocks on the road to justice for Antoinette Ndishishi,” said the Private Prosecution Unit’s spokesperson, Barry Bateman.
“We see it far too often that the courts postpone matters for the flimsiest reasons from either accused persons or their defence attorneys. 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 nor the complainant in the matter.
“We will also continue to support the complainant. Our commitment will not wane to ensure that justice is done.”
The matter has been postponed to 25 January for the investigation.
Issued by Barry Bateman, Communications Manager: Private Prosecution Unit, AfriForum, 10 January 2023
