Major-General Francis Slambert is a high-ranking police officer who has survived several attempts on her life. The man who tried to kill her, Roshanlal Banawo, used to be a detective captain. He was found guilty and sent to jail for 10 years for planning to murder Slambert. Now, even though he is the one in prison, Banawo is trying to get the court to say that Slambert is harassing him.
Back in May 2023, Banawo, who had already been fired from the police force, applied for a Protection from Harassment Order at the Dundee Magistrate’s Court. Slambert responded with her own application, arguing that her life was the one at risk, not his.
Her fears were proven right when Banawo was convicted for conspiring to kill her. Yet, Banawo has continued to push his harassment claim. He has been dragging the case on for over two years with no end in sight.
Act protects all, including criminals
South African law allows separate legal cases involving the same people if they are about different issues. This means Banawo’s harassment claim and his conviction for trying to murder Slambert are treated as unrelated matters. The Protection from Harassment Act of 2011 lets anyone, regardless of their criminal past, ask for protection from harassment. Harassment is broadly defined as behaviour that causes harm or makes someone reasonably believe harm could happen. So, Banawo’s application can’t be dismissed just because he has a criminal record.
However, this situation raises serious ethical questions. The harassment law is meant to protect victims, not give offenders a way to harass their victims further. Given Banawo’s history of plotting to kill Slambert, his claim seems baseless. And it could be seen as an abuse of the legal system. Courts have the power to throw out cases that are frivolous or meant to waste time. And this might be one of those cases.
Another issue is how Banawo, a high-risk inmate, was expected to be brought to court. Normally, inmates like him would appear via video conferencing to avoid security risks and logistical problems. This is allowed under South African law and is common in other countries too.
Security risks in court
But in this case, the plan was for Banawo to be physically brought to court. And the process didn’t follow proper procedures. The court clerk arranged his transfer without the necessary approval from the magistrate. And there weren’t enough security measures in place. This raises concerns about how the system is being managed.
The delays in this case are another major problem. South Africa’s Constitution guarantees everyone the right to a fair trial. This includes finishing the trial without unreasonable delays.
But this case has been postponed over 40 times. And this goes against this principle, and adds to the trauma Slambert is already facing. The law also requires judicial proceedings to be fair and reasonable. However, the repeated delays show that this standard hasn’t been met.
Delays harmful to victims
Delays like these aren’t just a South African problem. Courts around the world have said that dragging out legal cases violates the right to a fair trial. For example, in Poland and Ecuador, international courts have ruled that prolonged delays harm the justice system, and the people involved.
In Slambert’s case, the delays are especially harmful because she is a victim of violence and deserves protection.
This case shows some of the weaknesses in South Africa’s judicial system. Both Slambert and Banawo have the right to be heard. However, the court should prioritise cases involving vulnerable people, like victims of gender-based violence. The delays are unacceptable and need urgent attention.
To fix these issues and restore trust in the justice system, several steps should be taken. First, Banawo’s harassment case should be dismissed because it seems to be a misuse of the legal process.
This case is a reminder that courts must balance the rights of everyone involved. This while protecting victims and maintaining the integrity of the legal system. Slambert deserves justice, and the system must work to ensure she gets it without further harm or unnecessary delays.
