20 years later, Mark Johannes holds the Cape Times that first told his story in 2007.
Image: Supplied
A man, misdiagnosed as HIV-positive 25 years ago, has lodged a formal complaint with the SA Human Rights Commission, seeking accountability for the trauma caused by the error.
Mark Johannes, 56, said his world fell apart after doctors told him in 2001 he was HIV-positive while he was living in George on the Garden Route.
HIV, or Human Immunodeficiency Virus, attacks and weakens the body’s immune system, destroying the white blood cells that help fight infections and disease.
If left untreated, the virus can break down the body over years until it can no longer defend itself against life-threatening illnesses.
Believing he was facing a death sentence, the BMW car salesman lost his job, his family left him and he gave up on life because he thought he was going to “die anyway”.
“It was one setback after the other,” Johannes, whose ordeal was featured in several newspapers, including Cape Times, in 2007, said.
He said it was the years of pain and suffering - coupled with learning just three weeks ago that no one could be held accountable after he believed for years his case was still under investigation - that finally pushed him to file a complaint with the SAHRC earlier this month.
"These people destroyed me," Johannes, who now lives in Cape Town, said.
In 2005, after spending four years firmly believing he was going to die - so much so he drove to Herolds Bay with a 9mm pistol and a 6.35 firearm, intending to take his own life, before thoughts of his kids made him put the guns away and return home - Johannes said his doctor called him in and admitted he did not know how it had happened, but that he was HIV-negative.
According to Johannes, the doctor described it as “spontaneous healing”.
His diagnosis, Johannes told IOL on Monday, came after he developed a severe skin condition and visited a dermatologist.
While there, he also asked to "quickly be tested" for HIV to check his status.
A few days later, the doctor phoned him with shocking news - the test had come back positive.
“It was a big shock to me,” he said.
"My life was in shambles.
"I was a very successful car salesman. People called me 'Mr BMW'."
However, "to make triple sure", further tests were later conducted and Johannes said he was then informed he was HIV-negative.
Later that same year, while applying for a life insurance policy, Johannes underwent a third HIV test through his family doctor.
The samples were sent to PathCare Pathology - the same laboratory that had processed the first two tests - and the results again came back positive.
"It was like a seesaw, then I was positive, then negative and then again positive..."
SA records roughly 150,000 to 180,000 new HIV infections every year, according to the latest estimates from the Thembisa Project, the country’s leading HIV and TB modelling group.
Johannes said the diagnosis destroyed almost every part of his life.
“When people hear you are HIV-positive, they immediately judge you," he said.
"People looked at me differently.
“My marriage became a sinking ship... there was fighting, mistrust and pain in the house all the time. The people closest to me, including my two children, slowly drifted away because everybody believed I was dying.”
He said the emotional toll left him a broken man.
“I lost hope in life," Johannes told IOL.
"I stopped planning for the future because I believed there was no future for me. For years I lived with fear every single day.”
But after all these years, Johannes said he was still searching for answers after the Health Professions Council of SA (HPCSA) found no medical negligence had been committed.
Feeling defeated and ignored, he took his fight to the SAHRC last week Thursday.
“The human rights against me occurred 19 years ago by Dr Chris van Niekerk of Pathcare in George and the HPCSA,” read his complaint, seen by IOL.
“Though I was aware of the crime and subsequent cover-up, I was not able to bring charges until 11 May 2026, when I received the final piece of the puzzle from HPCSA, after two decades of all the parties involved denied me access to vital documentation.
“That in itself constitutes human rights violations as stipulated in the Constitution. The granting of this condonation is not only in my interest, but also that of society as a whole. I apologise for the handwritten submission, but this matter is very personal to me.”
Johannes is seeking condonation from the SAHRC because the events at the centre of his complaint happened nearly two decades ago, well outside the normal time period in which cases are usually brought forward.
In asking for condonation, he requested permission for the matter to still be investigated, arguing he only recently obtained documents he believds are important to his case.
The commission then informed him condonation was not necessary and it would take on his case.
This as the HPCSA had only communicated its final decision to him in early May, making the matter recent despite the original complaint having been concluded years ago.
The documents Johannes referred to were findings from the HPCSA, which concluded no wrongdoing had been committed.
SAHRC commissioner Chris Nissen confirmed the commission had received the complaint.
The HPCSA’s Priscilla Sekhonyana told IOL: “The matter was investigated and subsequently finalised by the HPCSA in 2007 at a preliminary inquiry meeting.
“The committee resolved that no breach of medical care could be established as the practitioner was communicating the results from the laboratory.
“This follows the HIV Elisa test which were conducted by the laboratory and the results came back reactive in 2001. The results of the test were communicated to the complainant by the practitioner.”
PathCare CEO JW Douglas said the company received a threatening letter from Johannes in April regarding the matter.
Douglas said it was the first communication they had received relating to the tests conducted in 2001.
“Please note, due to POPIA we are unfortunately restricted in terms of what we can reply, which is a pity as a substantive reply would have placed us and yourself in the position where we can explain exactly what occurred,” Douglas said.
“What we can state is that a complaint made by Mr Johannes to the HPCSA at the time was fully investigated and it was found to lack any merit and was dismissed.
“If Mr Johannes is prepared to waive confidentiality, we can give you a full clinical explanation and provide you with the test results in question and an explanation.”
Douglas said none of the clinicians or PathCare were at fault.
“The fact that Mr Johannes has taken 25 years to raise this matter is concerning, as is the extremely threatening tone of this letter and his threatening behaviour towards our staff while on our premises.”
Dr Chris van Niekerk said: “We are unable to comment on specific cases due to patient confidentiality.”