Chris Hani’s killer Janusz Waluś during his amnesty hearing at Benoni Town Hall in 1997. (Photo: Gallo Images / Oryx Media Archive). Secretary General of the South African Communist Party Chris Hani was killed at his home in surburban Johannesburg on 10 April 1993. (Photo: December 1991, REUTERS) 
“This is not a decision of the government but a decision of the Constitutional Court decision (in) 2022, and we are merely abiding by that decision. There is no appeal beyond the Constitutional Court,” said Minister in the Presidency Khumbudzo Ntshavheni.
Several Ministers of Correctional Services had denied Janusz Jakub Waluś’s application for parole since 2011. On 21 November 2022, after nearly three decades of applying for parole, the Concourt ordered that Waluś be placed on parole. Waluś was placed on parole for two years on 7 December 2022, which expires on Saturday.
Key moment in history
Waluś shot Hani outside his Boksburg home on 10 April 1993, in a failed attempt to derail South Africa’s peaceful transition from apartheid to a democratic government.
Waluś was convicted in October 1993 of murder and illegal possession of a firearm, and was sentenced to death for the murder, and to five years in prison on the firearm charge. His co-conspirator and former Conservative Party MP, the late Clive Derby-Lewis, was convicted of conspiracy to murder and was also sentenced to death for his role in plotting Hani’s assassination.
At the time of his assassination, Hani was 51, and held leadership roles in the South African Communist Party (SACP) and the African National Congress (ANC). His death was a significant moment in South Africa’s history, and still evokes strong emotions.
According to Ntshavheni: “ Every year that we celebrate Freedom Day as a country, we are in large part indebted to the death of Chris Hani… We appreciate the pain of Mme Hani, SACP and South Africa at large. It is for this reason that a powerful delegation was sent to the family to inform them of this update.”
Release is a ‘betrayal’
The release of Waluś has been met with strong opposition from both SACP and Hani’s widow, Limpho Hani. They argue that his release is a betrayal and have both made a request for an inquest.
Limpho reflected on the 31st anniversary of her husband’s assassination. “The government has betrayed my family, Chris, and all of us by releasing his killer. I assure you that countless people have died for our so-called freedom. This is not what they had in mind when they laid down their lives. It was not worth his life. It was not worth me being a widow, my children being fatherless, and my grandchildren not knowing him,” she said.
Ntshavheni said the SACP and Hani’s widow are of the view that an inquest should be undertaken, as they believe that there is evidence that could have led to a different conclusion and answer many questions that the family and others who reside in South Africa have. Ntshavheni added that the request will be referred to the Department of Justice for processing.
Hani, considered one of the most popular leaders after Nelson Mandela, played a key role in the fight for freedom in South Africa. His tragic death left a lasting impact on the country.
“The release of Janusz Waluś painfully reminds us of the bullet that pierced through our hearts, assassinating a father and comrade. Your dastardly hand drips of the blood of a martyr and freedom fighter who paid the ultimate price for freedom and love for humanity, democracy and justice,” read an ANC statement on X (formerly Twitter).
Deported today
According to the Minister of Home Affairs, the DA’s Leon Schreiber, Waluś is to be deported to Poland on 6 December 2024. The cost of deportation is to be covered by the Polish embassy.
Today is a painful day for South Africa. The deportation of Mr Chris Hani’s murderer at the end of a process mandated by a Constitutional Court order, reminds us all of that dark time. May it also spur us on to work harder to build the peaceful and prosperous country we want. pic.twitter.com/SdHQsUfy8w
— Leon Schreiber (@Leon_Schreib) December 6, 2024
“We can indicate that the deportation will take place today still. I am happy to report that South African taxpayers will not be paying for the deportation of this individual; the Polish embassy has indicated that they will do so.”
He said Waluś held dual citizenship in Poland and South Africa from 1986 to 2017, when his South African citizenship was revoked.
On lessons learned, Ntshaveni said: “It is from that Constitutional Court decision that we learned. When the Court prescribed a two-year parole period as per the applicable legislation, we saw situations where individuals who had committed serious crimes, like child rape, were out on bail. This is a sore point for us. As a government, we reflected and decided we needed to make changes. We acknowledged that the redress period hasn’t been enough, and that’s why we have been opening inquests into the cases of Ntate Griffiths Mxenge and Nokuthula Simelane. These inquests are aimed at bringing closure and ensuring we don’t make the same mistakes again.”
Read more: Much as we may hate it, the decision to release Janusz Waluś was morally and legally correct
Ntshaveni added that “as we celebrate Reconciliation Day this December we will review the work of the Truth and Reconciliation Commission. There is a sense in the country that while we have forgiven our oppressors, this forgiveness has not brought real benefit to the oppressed. We need to engage with the nation and ensure that reconciliation brings tangible benefits to those who suffered.”
Ntshaveni emphasised the hope that the courts would deliver convictions that align with the severity of the crimes, ensuring that families who have lost loved ones do not feel unjustly treated by court decisions. DM