Walus remains behind bars for now despite court order

14 April 2016 - 13:34 By Ernest Mabuza

Chris Hani’s murderer Janusz Walus is likely to remain behind bars for now while the justice minister continues to fight an order to release him on parole. The high court in Pretoria on Thursday dismissed Justice and Correctional Services Minister Michael Masutha’s application for leave to appeal against last month's judgment which ordered him to release Walus.Court blocks appeal against Janusz Walus parole orderJudge Nicolene Janse van Nieuwenhuizen also ordered the minister to pay the costs of the application.Bobby' Kennedy's 1968 assassination cited as a test case in parole bid by Hani killerBut the minister’s advocate‚ Marumo Moerane SC‚ told Janse van Nieuwenhuizen that he has been instructed to petition the Supreme Court of Appeal (SCA) for permission to bring an appeal in that court.Walus‚ 63‚ remains in jail because the possibility of a pending appeal suspended Janse van Nieuwenhuizen’s ruling that he must be released.However‚ Walus’ advocate Roelof du Plessis SC said he would apply to the high court for an order that Walus be released pending the minister’s petition to the SCA.Walus’ application is expected to be heard in Pretoria next week.Mthunzi Mhaga‚ Masutha’s spokesman‚ said the minister would oppose Walus’ application to be released pending the petition to the SCA.Mhaga also said the department would petition the SCA on Thursday even though the rules of the court allowed an aggrieved litigant a month to do so.“We believe that we have identified and exposed the misdirections by the high court‚” Mhaga said.Walus was sentenced to death in 1993 for the murder of Hani‚ who was the secretary-general of the South African Communist Party‚ a member of the African National Congress’s national executive committee and uMkhonto we Sizwe leader.Walus’ sentence was commuted to life imprisonment after the Constitutional Court declared in 1995 that capital punishment was inconsistent with the Constitution.Masutha turned down Walus‘s application for parole on April 10 last year.However‚ Walus‚ who is serving time in the Kgosi Mampuru II prison in Pretoria‚ secured a court order last month for his release on parole within 14 days after he brought an application in the high court in Pretoria to review Masutha’s decision to refuse his parole application.Walus’ co-conspirator Clive Derby-Lewis‚ also jailed for life‚ was released on medical parole last year because he is suffering from lung cancer...

There’s never been a more important time to support independent media.

From World War 1 to present-day cosmopolitan South Africa and beyond, the Sunday Times has been a pillar in covering the stories that matter to you.

For just R80 you can become a premium member (digital access) and support a publication that has played an important political and social role in South Africa for over a century of Sundays. You can cancel anytime.

Already subscribed? Sign in below.



Questions or problems? Email helpdesk@timeslive.co.za or call 0860 52 52 00.