The Constitutional Court on Friday dismissed an application by Chris Hani’s widow Limpho Hani and the South African Communist Party to rescind the order the court made last month ordering that Hani's murderer Janusz Walus be placed on parole.
After the apex court judgment, Limpho Hani and the SACP applied for a rescission of the order last week.
They said the judgment “omitted to deal with the applicants’ submissions or did not fully engage or examine or inquire into and/or analyse and/or fully consider the applicants’ written submissions filed in this court”.
They also claimed the court made “a patent error in that it did not fully evaluate or analyse or examine the applicants’ submissions in view of the first respondent’s submissions”.
In its order on Friday, the court said it had considered the application and concluded it should be dismissed because the applicants failed to make out a case for rescission or reconsideration.
It said the fact that Walus never made a full disclosure before the Truth and Reconciliation Commission was not one of the factors that needed to be taken into account in terms of the department of correctional services’ policy or the Correctional Services Act in determining whether parole should be granted.
Walus was released on parole on Wednesday.
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Bid to rescind Constitutional Court's order on Walus release dismissed
Image: Thulani Mbele
The Constitutional Court on Friday dismissed an application by Chris Hani’s widow Limpho Hani and the South African Communist Party to rescind the order the court made last month ordering that Hani's murderer Janusz Walus be placed on parole.
After the apex court judgment, Limpho Hani and the SACP applied for a rescission of the order last week.
They said the judgment “omitted to deal with the applicants’ submissions or did not fully engage or examine or inquire into and/or analyse and/or fully consider the applicants’ written submissions filed in this court”.
They also claimed the court made “a patent error in that it did not fully evaluate or analyse or examine the applicants’ submissions in view of the first respondent’s submissions”.
In its order on Friday, the court said it had considered the application and concluded it should be dismissed because the applicants failed to make out a case for rescission or reconsideration.
It said the fact that Walus never made a full disclosure before the Truth and Reconciliation Commission was not one of the factors that needed to be taken into account in terms of the department of correctional services’ policy or the Correctional Services Act in determining whether parole should be granted.
Walus was released on parole on Wednesday.
TimesLIVE
Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.
READ MORE
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