- Janusz Walus assassinated SACP and ANC leader Chris Hani in April 1993.
- After spending 28 years in prison for the murder, Walus was paroled Wednesday.
- He was released on probation after an order from the Constitutional Court.
After spending 28 years in prison for the assassination of SACP and ANC leader Chris Hani, Janusz Walus was released from prison on Wednesday, as ordered by the Constitutional Court.
The Ministry of Justice and Correctional Services confirmed that Walus had been released on parole under strict conditions.
Walus was due to be paroled on December 1, but his release was delayed after he was stabbed to death at Kgosi Mampuru prison in Tshwane, where he was serving a life sentence.
News24 previously reported that the 69-year-old was standing in line for dinner when he was stabbed in the upper body with a sharp object.
The man accused of stabbing him is serving a life sentence for murder and attempted murder.
“The offender Walus was released from hospital today (7 December 2022) as he had been receiving treatment after being involved in a stabbing incident,” the ministry said.
READ | ‘Zondo has failed this country’: Limpho Hani criticizes ConCourt order granting Janusz Walus parole
Walus was sentenced to death for Hani’s murder in 1993, but the sentence was later commuted to life imprisonment following the abolition of the death penalty.
After his death sentence was commuted, he became eligible for parole in 2005 and began applying for parole starting in 2011. However, he was denied multiple times over the years.
His parole offer was ultimately successful after his legal challenge ended in the high court, which ordered his release.
constitutional rights
In the statement, the ministry took pains to explain his release.
“There is no question that the criminal Walus is a polarizing figure in our fledgling constitutional democracy, and that his release has understandably reopened wounds among some in society, especially in the family of the late fighting icon Chris Hani.
The organizations earlier protested outside the Cape Town High Court over the parole release of Janusz Walus.
“The actions of the criminal Walus sought to derail the democratic project in its most critical formative stage, when the choice was to put the country on a sustainable path of peace, democracy and reconciliation on the one hand, or chaos, civil strife and bloodshed. .. leaving for the other, was constantly one bad decision away.
“His death of Hani was unreservedly among the actions that sought to doom the country to this ultimate fate, had it not been for the inspired leadership of our nation’s founders and the determination of the people of South Africa.”
READ | Fury when Zondo orders Chris Hani’s killer Janusz Walus released within 10 days
The ministry added that previous decisions to deny Walus parole were not made to avenge Hani, but were always made in the context of pursuing the interests of justice, from the perspective of what the sentencing court had sought to achieve.
Chris Hani.
The ruling of the Constitutional Court removed the power of decision from the Minister of Justice, Ronald Lamola, in this instance.
The ministry said the courts had, on previous occasions, said the constitution was set on a story involving a transition from “a society based on division, injustice and exclusion from the democratic process, to one that respects the dignity of all citizens and includes everyone in the governance process”.
“As such, the process of interpreting the Constitution must recognize the context in which we find ourselves and the objective of the Constitution of a society based on democratic values, social justice and fundamental human rights.
“This spirit of transition and transformation characterizes the constitutional enterprise as a whole.
‘Defend the rights of all equally’
“Our parole system is not a mindless license for irresponsibility and impunity. It also does not overturn the original verdict and sentence imposed by the courts. Probation is a recognized part of our correctional system,” he said, adding:
It has proven to be a vital part of reform treatment for the parolee who is being treated for moral suasion.
The ministry added that this was in accordance with the law and that everyone had the right not to be deprived of their liberty arbitrarily or without just cause, and that convicted offenders had the right to benefit from less severe punishment than those prescribed.
“It is our longstanding vision that the laws of the land are there to promote and uphold the rights of all on an equal basis, regardless of color, gender, language, religion or culture.”
Walus will serve two years of community corrections under the probation regime under which he is released, before being deported to Poland. He was stripped of his South African citizenship in 2017.
Limpho Hani, wife of murdered apartheid activist Chris Hani.
“Offender Walus has been provided with his conditions of probation in terms of the Correctional Services Act. If he violates the conditions, he will be returned to a correctional facility,” the statement said.
While Walus had been released from prison, Hani’s widow, Limpho Hani, and the SACP petitioned the high court to rescind their decision to grant parole.
They want the case to be heard again at a date to be determined by Chief Justice Raymond Zondo, News24 reported.
The lawsuit has not yet been heard by the court.
“In addition, we have filed documents with the African Commission on Human and Peoples’ Rights as part of the legal avenues available to seek justice and equal access to the courts,” said Alex Mohubetswane Mashilo of SACP.
Mashilo said her disappointment “keeps deepening.”
Gauteng Premier Panyaza Lesufi said they were looking forward to the launch but it was still disappointing.
“It is a sad day. Those who know who Chris Hani was and what his role was in getting to where we are today, will know that this murderer does not deserve to be out of prison. It was a court decision, we’re going to respect that.”
Lesufi said that Walus did not even deserve to be in South Africa.
Lesufi joined the protests outside the prison last week, calling for Walus not to be released on parole.
“Fate will meet him. He must not think that he will enjoy life after killing Chris Hani. Wherever he goes, he must know that he is a loser. There is nothing heroic about him; he is a coward, really.
“You can go and rot wherever you go, and you must know that we are very angry. I hope that a shadow of protection always surrounds you. We wish you all the bad luck in the world.”
