PRETORIA – An attempted murder case based on an HIV laboratory test against a 47-year-old man from Boschkop, outside Pretoria, is set to continue in the Pretoria Regional Court following transfer. It involves the accused’s former 38-year-old girlfriend after a laboratory test confirmed she tested HIV positive. Their identities have withheld for the protection of the victim.
In a statement, Lumka Mahanjana, spokesperson for the National Prosecuting Authority (NPA) of South Africa’s Pretoria division, said determination of the transfer was made recently, 27 August. She said that the accused was granted bail set at R2 000 with conditions. These include that he reappears in court on scheduled dates and not visit the complainant. He was granted bail after spending time in custody as part of the police investigation.
Mahanjana said the accused was facing a charge of attempted murder for allegedly infecting the woman with HIV. “The state did not oppose the accused’s release on bail as he was not considered a flight risk,” she said. Mahanjana said it emerged that the infection happened during the period the pair were in a romantic relationship, which spanned from October last year until it abruptly ended in June.
Their affair ended after the complainant made the shocking discovery that the man allegedly misrepresented his HIV status throughout this period. “According to the allegations, on 26 June, the complainant discovered antiretroviral (ARV) medication in the accused’s bag and confronted him about it. The accused allegedly admitted that he was HIV-positive and further stated that he had intentionally infected her because he did not want her to be in a relationship with another person,” said Mahanjana.
Mahanjana said that on 25 July, the complainant underwent an HIV test at a medical facility and the result confirmed that she had tested positive. “The following day, she reported the matter to the police. The accused was arrested at their place of residence on the same day,” she said.
In October last year, the Tsakane Regional Court sentenced a 47-year-old HIV-positive man from Tsakane to four life terms in a case involving a minor girl battling cancer. The counts were rape, impregnating the minor, infecting her with HIV, and threatening to kill her if she told anyone about the rape incidents.
The accused was a family friend, and compelling evidence revealed he repeatedly raped the victim, then 13 years old, between December 2015 and April 2016. The court heard that the accused, who was also a neighbour, would call the victim to his place, rape her and threaten to kill her if she told anyone about the rape incidents until she fell pregnant.
The lengthy sentence was based on the presentation of compelling evidence by state prosecutor Tholwana Jessica Khakhathiba, who led evidence that proved the man’s guilt.
