'Insensitive and regressive' — EFF rejects Chris Hani killer’s parole, calls for rescission

The EFF has joined the chorus of reaction to a ConCourt decision to parole Chris Hani's killer, calling it “callous, insensitive and regressive”.

Janusz Waluś, who killed SACP leader and anti-apartheid activist Hani in April 1993, was serving a life sentence. He had approached the Constitutional Court to set aside a Supreme Court of Appeal’s decision to dismiss his leave to appeal against a high court judgment that upheld the refusal of his parole by justice and correctional services minister Ronald Lamola in March 2020. 

The apex court on Monday set aside Lamola's decision to refuse parole and ordered Lamola to release Waluś within 10 days.

Explained: The Janusz Waluś judgment is based on solid legal reasoning

The judgment sparked fierce reaction and debate, with the EFF warning it could lead to instability.

It rejected the ruling saying it “undermined the sensitivities of our people” and disrespected those who had died fighting for South Africa's freedom. 

“The murderer of Chris Hani cannot be forgiven and must therefore remain in prison until death,” it added.

The party said it would “do everything humanly possible to refuse and reject the release”. It called on the government and the Hani family to apply for the judgment to be rescinded.

“We have been patient and tolerant with too many wrong and irrational decisions taken in the name of fake reconciliation, and now we cannot and will not tolerate this nonsense,” it added.

In his judgment, chief justice Raymond Zondo said Lamola's decision to reject parole was “irrational, falls to be reviewed and must be set aside”.  

Zondo said Waluś and right-wing politician Clive Derby-Lewis almost plunged the country into civil unrest with Hani's death and the pair had been intentional in delaying democracy.

He however highlighted that they had served the minimum required time behind bars before they could be considered for parole.

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

“The evidence reveals that during his imprisonment all these years since 1993 [Walus] has had no negative disciplinary record in prison. The minister accepts that the applicant’s risk of reoffending if he were to be placed on parole is low. The applicant has apologised to [Hani’s widow Limpho] Hani and her family more than once.”

Waluś and Derby-Lewis were sentenced to death but this was commuted to life imprisonment when SA abolished the death penalty. Derby-Lewis was granted medical parole in 2015 and died the following year of cancer.

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