Home Affairs decision to grant Walus residence in SA is illegal, says his lawyer
The legal representative of convicted murderer Janusz Walus has described the decision by the Department of Home Affairs to grant his client residence in South Africa as illegal.
Julian Knight was reacting to the announcement on Monday by Home Affairs Minister Aaron Motsoaledi that the Polish immigrant had been granted residence for the purpose of serving his parole in South Africa.
Walus, who was convicted of killing then SACP leader Chris Hani in 1993, is set to be released on parole on Wednesday following last week’s Constitutional Court ruling.
The apex court last Monday ordered the release on parole of Walus, 69, who has served nearly three decades of a life sentence for the murder.
But Knight said there was no application submitted for residence.
“In my view, it is that the minister’s decision is actually not legal, because the provision that he seeks to rely on is premised on an application being made. He cannot just grant residence, and there is no such application before him."
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“The Minister of Justice and Correctional Services (Ronald Lamola) has not yet made a decision with regards to Walus serving in South Africa or deported.
“The Minister of Justice and Correctional Services is the person to make the decision, not the Minister of Home Affairs. He does not have jurisdiction over the Department of Correctional Services.”
