Chris Hani’s killer, Janusz Waluś, has officially been placed on parole. Waluś was released from hospital on Wednesday after being stabbed in prison last week. 

In a statement, Ministry of Justice and Correctional Services spokesperson Chrispin Phiri said Waluś would “serve two years under community corrections in line with the parole regime upon [his release]”. 

“There is no question that offender Waluś is a polarising figure in our budding constitutional democracy, and his release has understandably reopened wounds among some in society, especially the family of the late Struggle icon Chris Hani. 

“Offender Waluś’s actions sought to derail the democratic project at its most critical, formative, stage, when the choice of either setting the country on a sustainable path of peace, democracy and reconciliation on the one hand or chaos, civil strife and blood-letting on the other, was constantly one bad decision away.”  

The assassination of Hani, the anti-apartheid activist and South African Communist Party (SACP) leader, brought South Africa to the brink of a civil war at a time when the process of negotiating the transition from apartheid to democracy was at its most delicate. 

Waluś was convicted in October 1993 and sentenced to death for Hani’s murder. His sentence was commuted to life imprisonment after the death penalty was abolished. 

Waluś has made several attempts to secure parole since becoming eligible in 2005. 

Members of the ANC, the South African Communist Party and the Congress of South African Trade Unions picket outside the Constitutional Court on 26 November 2022 in Johannesburg, South Africa. (Photo: Gallo Images / Fani Mahuntsi)

The ANC-led tripartite alliance gathers at the Kgosi Mampuru II prison on 30 November 2022 to protest against the release of Janusz Waluś. (Photo: Felix Dlangamandla)

Members of the tripartite alliance protest against the court decision to grant parole to Chris Hani’s killer, Janusz Waluś. (Photo: Gallo Images / Fani Mahuntsi)

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Justice Minister Ronald Lamola was ordered by the Constitutional Court on 21 November 2022 to release Waluś on parole. He has been behind bars for 28 years. Waluś was meant to be released within 10 days of the ruling but was stabbed two days before he could be released.  

The minister had refused to grant Waluś parole in March 2020, but Chief Justice Raymond Zondo found the decision “irrational” and ordered that it should be reviewed and set aside. Handing down the judgment, Zondo said more than 15 years had passed since Waluś became eligible for parole. 

Following the judgment, there was a national outcry, with SACP General Secretary Solly Mapaila calling it “sickeningly disappointing”. 

Hani’s widow, Limpho, was equally furious, saying karma would haunt Zondo.  

“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,” said Phiri.  

Home Affairs Minister Aaron Motsoaledi announced last month that he had granted an exemption for Waluś to remain in the country and serve his parole here. 

The order contains a condition that Waluś may not use any travel document and/or passport issued by the Embassy of the Republic of Poland to return to the country of his origin. Speaking on Radio 702, Waluś’s’ lawyer, Julian Knight, said his client had a right to be deported to his country of birth.  

The EFF said it was disturbed by the “diabolical, cynical and harmful release of Waluś”. 

“We condemn Waluś’s release, as it is abhorrent and shows scant regard to the nature of the crime that was committed by this murderous maniac. Janusz Waluś not only killed a man, but his bullet also shattered the hopes of millions of our people and almost pushed this country into war.  

“When the Constitutional Court sanctioned this release, it [neither took] the views of comrade Hani’s family into account, nor did it take the views of the majority of the people of this country, to whom Hani was an important leader, into account. They [neither considered] whether Waluś is rehabilitated … nor did they consider his lack of remorse for the murder of comrade Hani.” 

Waluś has to comply with strict conditions, which include being monitored, not using alcohol or illegal drugs and refraining from visiting certain places/areas. 

“Offender Waluś has been furnished with his parole conditions in terms of the Correctional Services Act,” explained Phiri. “If he violates the conditions, he will be returned to a correctional centre.” DM