“The court would have seen the ping pong game that went on between the minister and ourselves in this matter. We submit that the minister, simply because of the political fallout, is never going to make a decision. He is never going to make a decision to put the applicant on parole, and the only entity that will come to the assistance of the applicant in this matter will be this court,” he said.
Lamola had pointed out that the 1993 sentencing remarks that described Waluś’ actions led to him securing a death sentence, and that he would be on parole for three years if released before getting full freedom in terms of the law that applied when he was imprisoned, so releasing him “would negate the severity the court sought when sentencing him”.
Du Plessis, however, stressed Waluś had satisfied all the requirements for parole and there was nothing that counted against him beside the death sentence and the sentencing remarks highlighted by Lamola, which he said Waluś could not do anything about.
“These aspects will not change in future. When we have the decision of the minister on this basis, with only these two aspects counting against the applicant, the situation will not change in two or three or five years,” he said.
He said Lamola could be taken on review if he later decided to release Waluś “on some arbitrary or capricious reason” as facts would have changed.
He accused Lamola of violating Waluś’ constitutional right to parole.
Justice Nonkosi Mhlantla asked Du Plessis if Waluś had fully satisfied the restorative justice process which required him to engage with Hani's wife, Limpho, and the SACP, who are opposing his release.
Du Plessis said Waluś had apologised but both the Hani family and the SACP had refused to accept the apology and there was nothing more he could do.
PODCAST | Why are SA’s most deadly convicted criminals up for parole?
‘Lamola’s decision to deny Waluś parole will never change’ - lawyer
Image: Gallo Images/Oryx Media Archive
Justice and correctional services minister Ronald Lamola will never allow Chris Hani’s killer Janusz Waluś to be released from prison on parole if the Constitutional Court does not intervene and aid his latest bid for freedom.
This was the argument put forward by Waluś’ lawyer, advocate Roelof du Plessis, during an appeal application before the apex court on Tuesday against Lamola’s decision to deny him parole.
Waluś was sentenced to death in 1993 for gunning down Hani, then general secretary of the SA Communist Party (SACP) and a prominent leader of the ANC who served as the chief of staff of its military wing, Umkhonto we Sizwe. The sentence was later commuted to life imprisonment after the abolishment of the death penalty in SA.
His application for parole has been rejected by government at least four times, despite the claim by his legal representatives that he was fully rehabilitated and remorseful.
Du Plessis told the ConCourt there was no hope Lamola would ever take a decision to allow Waluś to be released at any time in the future as he accused the minister of coming up with new reasons for not releasing the Polish immigrant from incarceration.
“The court would have seen the ping pong game that went on between the minister and ourselves in this matter. We submit that the minister, simply because of the political fallout, is never going to make a decision. He is never going to make a decision to put the applicant on parole, and the only entity that will come to the assistance of the applicant in this matter will be this court,” he said.
Lamola had pointed out that the 1993 sentencing remarks that described Waluś’ actions led to him securing a death sentence, and that he would be on parole for three years if released before getting full freedom in terms of the law that applied when he was imprisoned, so releasing him “would negate the severity the court sought when sentencing him”.
Du Plessis, however, stressed Waluś had satisfied all the requirements for parole and there was nothing that counted against him beside the death sentence and the sentencing remarks highlighted by Lamola, which he said Waluś could not do anything about.
“These aspects will not change in future. When we have the decision of the minister on this basis, with only these two aspects counting against the applicant, the situation will not change in two or three or five years,” he said.
He said Lamola could be taken on review if he later decided to release Waluś “on some arbitrary or capricious reason” as facts would have changed.
He accused Lamola of violating Waluś’ constitutional right to parole.
Justice Nonkosi Mhlantla asked Du Plessis if Waluś had fully satisfied the restorative justice process which required him to engage with Hani's wife, Limpho, and the SACP, who are opposing his release.
Du Plessis said Waluś had apologised but both the Hani family and the SACP had refused to accept the apology and there was nothing more he could do.
PODCAST | Why are SA’s most deadly convicted criminals up for parole?
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READ MORE:
‘Unremorseful’ Walus should not get parole, Hani’s widow tells ConCourt
I’m sorry I killed Hani, I now reject apartheid and have gone back to my Catholic roots, says Janusz Walus
Chris Hani's killer to get another shot at freedom before ConCourt
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