ConCourt orders Chris Hani killer be released on parole

Janusz Waluś was denied parole over two years ago.

He approached the High Court to set aside the minister's decision, but that court upheld his parole refusal.

The Supreme Court of Appeal later dismissed Waluś application for leave to appeal, prompting the polish immigrant to approach the Constitutional Court.

Chief Justice Raymond Zondo handed down the judgment on Monday afternoon.

"The decision of the Minister of Justice and Correctional Services made in March 2020 rejecting the applicant's application for parole is review and set aside. The Minister of Justice and Correctional Services is ordered to place the applicant on parole on such terms and conditions as he may deem appropriate and to take all such steps that may need to be taken to ensure that the applicant to released on parole within 10 calendar days from the date of the order. The minister of justice is ordered tp pay the applicant's costs, including costs of two counsel," Zondo said in his ruling. 

Zondo said that he reached the conclusion against the background that Walus served more than 25 years of his sentence of life imprisonment.

"He has kept a clean disciplinary record and he has complied with every requirement her has been told by prison authorities. In considering whether or not the applicant should be released on parole, I have been mindful of the fact that in assassinating Mr Hani the applicant sort to derail the attainment of democracy of this country and nearly plant South Africa into a civil war. 

"However, I have also borne in mind that when the fathers and mothers of our constitutional democracy drafted our constitution and included in it the bill of rights, they did not draft a bill of rights that would confer fundamental rights only on those who fought for democracy."  

Hani was assassinated in April 1993 at his home in Boksburg, east of Johannesburg.

Clive Derby-Lewis, who masterminded the killing and supplied the weapon, died six years ago.