Pretoria - The Constitutional Court on Friday dismissed the application brought by Limpho Hani and the SACP for a stay of execution of its order to release Chris Hani’s killer, Janusz Walus, on parole.
Eight judges of the Concourt were unanimous in their finding to dismiss the application, even before it was argued.
The registrar of the apex court, Sibusiso Mapossa issued the order to the legal teams, in which it was said that the court had considered the application for a stay of the November 21 order. “It has concluded that it should be dismissed because the applicants have failed to make out a case …” the order read.
Mapossa said Chief Justice Raymond Zondo has considered it unnecessary to issue directions – as to when the matter would be heard and when opposing papers should be filed in this matter.
In response to the judgment directing Justice and Correctional Services Minister Ronald Lamola to release Walus within 10 days of the Concourt judgment, the SACP and the Hani family filed papers with the court to reconsider and to rescind the judgment.
Walus was, however, released on Thursday under stringent parole conditions. The minister said he will remain on parole for two years. It is not known where Walus will stay, but Home Affairs granted him an exemption to remain in South Africa, as it felt he should serve his parole here.
The SACP shortly after Walus’s release said that the party have also filed papers with the African Commission on Human and People’s Rights as part of the legal avenues available to them in seeking justice and equal access to courts.
The party added that, together with its allies and other interested South Africans, they would continue with their programme of mass mobilisation.
“We will not be deterred. We are continuing with our 135-day programme of action up to April 10, 2023, the 30th anniversary of the commemoration of Chris Hani,” said the SACP.
Walus was released on parole after spending nearly three decades behind bars for the April 1993 murder.
He was released on the same day on which he was released from hospital after he was stabbed in prison by a fellow inmate, who is also serving a life sentence.
Upon Walus’s release, Lamola explained that in previously denying him parole the decision was not in the spirit of avenging a stalwart of our liberation Struggle, but it has always been within the context of giving effect to the interests of justice, from the perspective of what the sentencing court sought to achieve.
Walus was in 1993 sentenced to death for Hani’s murder, but this was later commuted to life imprisonment when the country abolished the death sentence.
Justice Zondo in his judgment on parole commented that Walus was eligible for parole in 2005 already. Walus, however, only applied to be considered for placement on parole from 2012.
The Hani family and the SACP vehemently opposed his parole over the years. They were also aggrieved when the Concourt granted him parole, as they felt that the court had disregarded their opinion and feelings on the matter.
Pretoria News