DIVISIVE JUDGMENT
Tripartite alliance threatens court action in bid to keep Hani killer Janusz Waluś in jail
Janusz Waluś, the Polish immigrant who shot and killed South African Communist Party leader Chris Hani in 1993, must be released on parole on Thursday. Despite protests in some parts of the country, there is a court order in place, and refusing to release him would constitute contempt of court.
Not even a protest at the Kgosi Mampuru Correctional Facility by members of the ANC-led tripartite alliance can stop Janusz Waluś from being released on parole on Thursday.
The protest comes after the Constitutional Court granted parole to the Polish immigrant on 21 November, ordering that he be released on parole.
The ANC-led Tripartite Alliance gathered at the Kgosi Mampuru Correctional Facility in Tshwane on 30 November 2022 to protest against the release of Janusz Waluś, the killer of Chris Hani. (Photo: Felix Dlangamandla / Daily Maverick)
Handing down the ruling, Judge Raymond Zondo said Justice Minister Ronald Lamola’s decision to refuse parole to Waluś in March 2020 was “irrational” and should be reviewed and set aside.
Waluś assassinated Hani outside his home in Boksburg on 10 April 1993 and will be a free man on Thursday after spending 28 years behind bars. However, his release might be delayed after he was stabbed by a fellow inmate. He is currently receiving treatment.
Waluś’s release drew widespread condemnation from the ANC’s tripartite alliance, with the SA Communist Party declaring at Wednesday’s protest that they had filed papers in court to review this decision.
Panyaza Lesufi addresses the protesters at the Kgosi Mampuru Correctional Facility. (Photo: Felix Dlangamandla / Daily Maverick)
Nomvula Mokonyane at the protest on 30 November 2022. (Photo: Felix Dlangamandla / Daily Maverick)
Protesters display posters at the ANC-led Tripartite Alliance gathering. (Photo: Felix Dlangamandla / Daily Maverick)
A banner on display at the protest. (Photo: Felix Dlangamandla / Daily Maverick)
An SA Communist Party flag at the protest against the release of Chris Hani’s killer. (Photo: Felix Dlangamandla / Daily Maverick)
Among the protesters were Gauteng Premier Panyaza Lesufi; Mandla Mandela, grandson of late president Nelson Mandela; ANC chief whip Pemmy Majodina, and former Cabinet minister Nomvula Mokonyane.
The tripartite alliance objects to the release on the grounds that there was no victim/offender dialogue. They say Waluś has never revealed who ordered him to kill Hani, and that he should remain in prison.
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Elaborating on the SACP’s litigation, constitutional law professor Pierre de Vos said the party needed to file an application for rescission and a setting aside of the order granted by the apex court. This rescission application, he said, cannot suspend the order for the release of Waluś.
Security outside the prison before the protest. (Photo: Felix Dlangamandla / Daily Maverick)
SACP leader Solly Mapaila said that in terms of the Parole Act, there are several stipulations requiring victim/offender dialogue, including an inmate telling the truth and being remorseful.
In this regard, the SACP claims Waluś has never told the truth and has never engaged in victim/offender dialogue, and therefore does not qualify to be released on parole.
Speaking at the protest, the ANC’s Pemmy Majodina expressed the party’s dissatisfaction with the granting of parole, claiming that Walus had never revealed what really happened in the killing of Hani.
Nomvula Mokonyane demanded an inquest into Hani’s death to allow the truth to be revealed.
She said the ANC has considered the laws that required and justified the release of Waluś, saying that the 55th national conference of the ANC was an opportunity to examine some of these laws.
Mokonyane also said that the ANC’s last National Working Committee was briefed by NEC member Jeff Radebe about taking the matter to the African Court of Justice and Human Rights.
Meanwhile, Emerentia Cupido, spokesperson for the Judicial Inspectorate for Correctional Services (JICS), said that JICS had issued a mandate on Wednesday to conduct an investigation into Tuesday’s stabbing of Waluś. DM
These are people complicit in state capture and the current state of our institutions, they have nothing to campaign on except to insult the judiciary something they did to crown Zuma President. Their court application has nowhere else to be heard because the Constitutional Court is the apex court. What they are saying are just pure lies from people who want to find relevance. We advise them to carefully read the Constitutional Court judgement and the legal basis for arriving at the decision. They are disgraceful political thugs who
are exploiting a tragedy and in the process they are trashing institutions which has been their trade.
The strategy is for SACP that is an employment agency for the ANC as vacancies are getting fewer with electoral decline, to continue to be in the media over nothing in fact. Their arguments are just pure hogwash that can only be entertained by Ramaphosa. Some of the things they are saying raise a lot of question. These people must not be given oxygen for their drivel.