The Pretoria Magistrates’ Court has ordered a defence attorney to present himself for a formal investigation after an HIV attempted murder and rape case has been delayed once again on Thursday 11 January 2023.
COURT ORDERS FORMAL INVESTIGATION IN HIV CASE DELAY
This is after the National Prosecuting Authority has taken steps yesterday to prevent another delay in an HIV attempted murder and rape case involving a former member of the South African National Defence Force (SANDF).
NPA 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.
Private Prosecution Unit Spokesperson Bateman said the court ruled in the state’s favor and ordered the defence attorney to present himself to court for a formal investigation.
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HIV ATTEMPTED MURDER AND RAPE CASE DELAYED FOR YEARS
The man, was accused of attempted murder and rape on former member of the SANDF.
He allegedly infected the complainant, his former partner Antoinette Ndishishi, with HIV while knowing he had the virus.
He allegedly withheld the fact that he was HIV positive from her.
This case has been delayed since 2018 when AfriForum’s Private Prosecution Unit became involved.
The case was again postponed today when the accused made a brief appearance without his defence attorney.
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His attorney informed the prosecutor he was dealing with a family crisis.
HIV ATTEMPTED MURDER AND RAPE SUSPECT WITHHELD HIS STATUS
The name of the accused in the HIV attempted murder and rape case is withheld because the allegations relate to his health status.
The accused and the complainant were members of the SANDF when the alleged crimes were committed.
Bateman said the case was postponed in September last year because the accused claimed he was ill.
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The Unit became involved in this matter in 2018, which started by forcing the SANDF to provide the accused’s medical records.
These records contain information about his HIV status dating back to 2007.
The SANDF’s refusal to provide these records resulted in the NPA withdrawing the case twice.
Bateman said they want no more delays in the HIV attempted murder and rape case.
The matter has been postponed to 25 January for the investigation.