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Limpho Hani, centre, wife of the late Chis Hani. File photo: ANTONIO MUCHAVE
Limpho Hani, centre, wife of the late Chis Hani. File photo: ANTONIO MUCHAVE

The Constitutional Court on Friday dismissed an application by Chris Hani’s widow Limpho Hani and the South African Communist Party (SACP) to rescind the order the court made last month ordering that Hani's murderer Janusz Walus be placed on parole.

After the apex court judgment, Limpho Hani and the SACP applied for a rescission of the order last week.

They said the judgment “omitted to deal with the applicants’ submissions or did not fully engage or examine or inquire into and/or analyse and/or fully consider the applicants’ written submissions filed in this court”.

They also said the court made “a patent error in that it did not fully evaluate or analyse or examine the applicants’ submissions in view of the first respondent’s submissions”.

In its order on Friday, the court said it had considered the application and concluded it should be dismissed because the applicants failed to make out a case for rescission or reconsideration.

It said the fact that Walus never made a full disclosure before the Truth and Reconciliation Commission was not one of the factors that needed to be taken into account in terms of the department of correctional services’ policy or the Correctional Services Act in determining whether parole should be granted.

Walus was released on parole on Wednesday.

The SACP and Chris Hani's family say they are “deeply disappointed” by the Constitutional Court's dismissal of their application.

“This matter cannot end here”, said the SACP.

The party said they and Hani the family have exhausted all legal avenues available in SA, and will now seek redress at the African Commission on Human and People's Rights.

Together with the ANC and Cosatu they will continue with a 135-day programme of mass mobilisation culminating in the 30th anniversary of Chris Hani's assassination.

The Hani family and the SACP are also demanding a full inquest into the assassination of Chris Hani. “We want full disclosure of the truth and all the circumstances surrounding the assassination for justice to take its course,” the party said.

Waluś assassinated Hani on April 10 1993 and was denied amnesty by the Truth and Reconciliation Commission (TRC).

With Staff Writer

TimesLIVE

Updated: December 10 2022
This article has been updated to include reaction from the Hani family and the SACP


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