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Chris Hani’s assassin Janusz Walus to be launched on pa…


The very best court docket in South Africa on Monday dominated that Chris Hani’s murderer — Polish immigrant Janusz Walus, who has been behind bars for 28 years — needs to be launched on parole. 

Handing down judgement on Monday afternoon, Chief Justice Raymond Zondo mentioned that Justice and Correctional Companies Minister Ronald Lamola’s resolution to refuse parole to Walus in March 2020 was “irrational” and needs to be reviewed and put aside.

Zondo mentioned greater than 15 years had handed since Walus had turn out to be eligible for parole.

The Constitutional Courtroom ordered Lamola to put Walus on parole “on such phrases and situations as he could deem acceptable”, and to make sure that Walus is launched on parole inside 10 days of this ruling.

The court docket ordered Minister Lamola to pay for Walus’ authorized prices within the Constitutional Courtroom, in addition to the Supreme Courtroom of Enchantment. 

Walus assassinated Hani outside his home in Boksburg on 10 April 1993.

The assassination of the anti-apartheid activist and South African Communist Social gathering (SACP) chief introduced the nation to the brink of a civil battle, at a time when the method of negotiating the transition from apartheid to democracy was at its most delicate. 

Protestors march by way of the streets after Chris Hani’s assassination on 14 April 1993. Secretary-Common of the South African Communist Social gathering Chris Hani was assassinated on 14 April 1993. Roughly 1.5 million individuals participated within the protests and marches that adopted his assassination. In October 1993, Clive Derby-Lewis of the Conservative Social gathering and a Polish immigrant, Janusz Walus, have been discovered responsible for Hani’s homicide, and have been sentenced to loss of life. (Picture: Gallo Photos / Media24 Newspaper Archives)

Walus was convicted in October 1993 of homicide and unlawful possession of a firearm, and was sentenced to loss of life for the homicide and to 5 years in jail on the firearm cost. His co-conspirator, and former Conservative Social gathering MP, the late Clive Derby-Lewis was convicted of conspiracy to homicide and was additionally sentenced to loss of life for his position in plotting Hani’s assassination. 

In 1999, Walus and Derby-Lewis have been additionally refused amnesty by the Truth and Reconciliation Commission, on the grounds that that they had “didn’t make a full disclosure” in regards to the circumstances surrounding the ordering of Hani’s homicide, and had “didn’t show the killing was politically motivated.”

Following the abolishment of the loss of life penalty in South Africa in 1995, their sentences have been commuted to life imprisonment on 7 November 2000. 

Protestors march by way of the streets after Chris Hani’s assassination on 14 April 1993. Secretary-Common of the South African Communist Social gathering Chris Hani was assassinated on 14 April 1993. Roughly 1.5 million individuals participated within the protests and marches that adopted his assassination. In October 1993, Clive Derby-Lewis of the Conservative Social gathering and a Polish immigrant, Janusz Walus, have been discovered responsible for Hani’s homicide, and have been sentenced to loss of life. (Picture: Gallo Photos / Media24 Newspaper Archives)

Derby-Lewis, who provided Walus with the homicide weapon, succumbed to most cancers and died in hospital in 2016, after he was released on medical parole from Kgosi Mampuru II Correctional Centre in June 2015. He had served 21 years in jail and had for years campaigned for his release on parole. 

Learn in Each day Maverick: The blood of Chris Hani and the eternal damnation of Clive Derby-Lewis

Walus has made a number of makes an attempt to safe parole, all of which have been vehemently opposed by the Hani household and the SACP, and all of which have failed. He turned eligible for parole in 2005 after serving 13 years and 4 months of his life sentence. 

On 16 March 2020, one in every of his newer makes an attempt to be launched on parole was refused by Justice Minister Lamola. This got here after the Pretoria excessive court docket in December 2019, ordered Lamola to rethink inside 60 days the choice taken in January 2019 by former Minister Michael Masutha, to refuse granting parole to Walus.


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On the time Walus’ March 2020 bid for parole was denied, Lamola had said it’s clear that the political assassination of the late Hani was executed with the intention to create mayhem within the nation. 

“Contemplating this reality, putting offender Walus on parole would negate the severity that the court docket sought when sentencing him. With this premise, and balancing each unfavorable and constructive elements, the location on parole for offender Walus isn’t authorised at this stage,” mentioned the Minister.

Walus remained undeterred by Lamola’s resolution, and tried to take it on evaluate within the Pretoria excessive court docket, however Choose Elizabeth Kubushi dismissed his software, discovering it with out substance. He then approached the Supreme Courtroom of Enchantment (SCA) the place his go away to attraction was once more refused on the grounds that the matter had no affordable prospects of success, and there was no compelling explanation why it needs to be heard. 

Walus finally introduced an software to the Constitutional Courtroom to evaluate Lamola’s resolution in March 2020, which was heard in February 2022. Lamola, Hani’s widow, Limpho Hani and the SACP opposed the appliance. 

Hani killer Janusz Walus takes parole bid to ConCourt, urges ‘ubuntu’

Judgement within the matter was reserved to Monday 21 November. 

“The attraction earlier than this court docket, has to take into consideration the truth that the applicant (Walus) was convicted of a really severe crime, that it was cold-blooded homicide, that the applicant had been concerned in planning the crime over a variety of weeks, and that his conduct practically plunged this nation into civil unrest, and that in assassinating the late Hani the applicant and Derby-Lewis appeared to have been intent on derailing the attainment of democracy by this nation,” mentioned Zondo on Monday. 

Nonetheless, he added that these are “not the one elements to be taken under consideration.”

Zondo mentioned the Constitutional Courtroom should take into consideration that Walus fell right into a class of prisoners whose parole dispensation is ruled by the 1959 Act, which stipulated that the minimal interval that an applicant corresponding to Walus has to serve earlier than being thought-about for parole, was 20 years.

Chatting with Newzroom Afrika after Monday’s proceedings, Hani’s widow, Limpho Hani referred to as the court docket’s resolution to launch Walus on parole, “diabolical.” DM

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