The High Court in Pretoria has reserved judgment on the application by Chris Hani’s killer Janusz Walus. This is after Judge Selby Baqwa listened to arguments by lawyers representing Walus and the Correctional Services and Justice Minister.
In attendance during the court proceedings was Hani’s wife Limpho and the South African Communist Party (SACP) top brass including Solly Mapaila and Chris Matlhako. The 63-year-old Polish immigrant who was sentenced to death for killing Hani wanted the court to force Correctional Services and Justice Minister Michael Masutha to place and consider him for parole.
Walus’ lawyer Advocate Roelf Du Plessis in submission told the court that it is ridiculous to deny his client parole because he does not want to change his view on communism.
“To expect the applicant to now become pro-Communist to be able to qualify for parole is not a requirement for parole and cannot be elevated to an argument that because he is anti-communist he is going to kill the SACP leaders sitting behind. It is ridiculous; it’s not going to happen. The 63-year-old is rehabilitated and to elevate this above all the other evidence is simply unfair and uncalled for and unjust.”
Advocate Marumo Moerane for Minister Micheal Masutha told the court that Walus and his new affidavit claiming to have changed cannot be trusted. Moerane says Walus has submitted contradicting evidence regarding his role in the murder of Chris Hani.
“In one place he gives an account of the action. He says he was merely a foot-soldier; but elsewhere he says he was central in planning this.”
SACP Deputy Secretary Mapaila says the party is against the release of Walus. Mapaila says until Walus shows real remorse and complies with the victim offender dialogue he should spend his whole life in jail.
“We are still hopeful that we will keep Janusz Walus in prison because of the valid reasons that were expressed by the SCA regarding why this matter was thrown out and the necessity for consultation with the family with regard to the victim offender dialogue. We don’t accept his sense of remorse. He must express remorse through a normal process, the victim offender dialogue process. Engaging the family, engaging the Communist Party and expressing the genuinity of what he feels rather than use that in order for him to get parole.
Presiding officer Justice Selby Baqwa commended the lawyers for what he called well prepared arguments.
“This particular case is of some particular moment or significance in the history of this country; because of the background that has been alluded to and those circumstances inverted to all senior counsels for their diligence in submitting comprehensive heads and for counsels making sure that we complete this part of the hearings. It is now for the court to take time and consider the matter, the facts and submissions and judgment will be forth-coming in due course.” – Additional reporting by Ntando Mlotshwa
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