Justice Minister to explain why Janusz Walus must stay in jail

11 April 2016 - 15:51 By Ernest Mabuza

The Minister of Justice and Correctional Services‚ Michael Masutha‚ will on Tuesday apply for leave to appeal against last month’s judgment ordering him to release Chris Hani’s killer Janusz Waluz on parole. The application comes as the 23rd anniversary of Hani's assassination was commemorated in Boksburg on Sunday‚ at which his widow‚ Limpho Hani‚ reiterated her opposition to Walus being paroled. In public speeches and interviews‚ she claims there is more to know about who sanctioned Hani’s assassination‚ and why.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‚ secured a court order 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 shot and killed 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 - when negotiations to end apartheid were taking place‚ on Easter Sunday April 10‚ 1993. He was convicted of murder and sentenced to death in October 1993. In November 2000‚ his sentence was commuted to life imprisonment.Walus‚ 63‚ has been serving his sentence for 23 years.His co-conspirator Clive Derby-Lewis‚ also jailed for life‚ was released on medical parole last year because he is suffering from lung cancer.In her judgment last month‚ Judge Nicolene Janse van Nieuwenhuizen said the only logical conclusion to be drawn from Masutha’s view that the nature of the crime and the sentencing remarks outweighed the other positive factors‚ was that the minister considered the time spend by Walus in prison as inadequate punishment for the crime he had committed.“Punishment‚ however‚ has various purposes.”She said the purposes of punishment were deterrence‚ prevention‚ rehabilitation and retribution.“Deterrence‚ prevention and retribution will no doubt play an important role during the initial years of the serving a sentence.” She said the philosophy of parole confirmed that the focus of punishment shifted with the passing years and ultimately more weight was attached to rehabilitation.She said although parole did not imply proof of rehabilitation‚ it was a step in the rehabilitation process.She said parole was still a form of punishment.“Strict conditions are imposed on a prisoner on parole and parole will be withdrawn should the prisoner not adhere to such conditions. In a nutshell‚ parole is a means of serving the remainder of the sentence outside prison. In the present instance the applicant will serve his sentence until death.” When the ministry announced its intention to apply for leave to appeal the judgment‚ it said Masutha believed the court erred in its judgment.

This article is reserved for Sunday Times subscribers.

A subscription gives you full digital access to all Sunday Times content.

Already subscribed? Simply sign in below.

Registered on the BusinessLIVE, Business Day or Financial Mail websites? Sign in with the same details.

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