Justice department will examine decision to parole Janusz Waluś

The department of justice and correctional services says it has taken note of the Constitutional Court judgment on Janusz Waluś’s parole. 

Spokesperson for the department Chrispin Phiri said: “We have noted the judgment and will carefully consider it to ensure that we are fully enlightened.”

Waluś has been serving a prison term for the 1993 murder of SACP leader Chris Hani.

On Monday, in a unanimous decision, the apex court found that justice and correctional services minister Ronald Lamola’s 2020 decision to deny Waluś parole was irrational, and set it aside for review.

The court ordered that Waluś be paroled within 10 days of the judgment.

Chief justice Raymond Zondo said: “A period of more than 15 years has lapsed since [Waluś] became eligible for consideration to be placed on parole. It was in 2005 that [he] became eligible to be considered for placement on parole.”

The history of Waluś’s applications for parole showed that the parole board had previously recommended he be paroled, but that it never came to be as justice ministers had always rejected his release.

“They can no longer stand in the way of [Waluś]. He has complied with every aspect, and the court finds it just and equitable that he should be released on parole,” Zondo said.

The judges also noted the minister had accepted that Waluś had shown remorse for his crime, that during his imprisonment since 1993 he had had no negative disciplinary record, he had apologised several times and that his risk of reoffending were he to be placed on parole was low.

Opposing Waluś's appeal, the minister, the SACP and Hani's widow Limpho Hani contended the minister’s decision not to grant him parole was justified and rational. They said Waluś's actions nearly plunged SA into civil war and he nearly prevented the attainment of democracy.

Hani, who was in the public gallery, lashed out at the judgment, describing it as “diabolic”. She said karma would deal with the judges who had agreed that her husband’s killer should be paroled.

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