Zuma and Waluś judgments a ‘miscarriage of justice’, says Masina

Outgoing ANC Ekurhuleni councillor Mzwandile Masina has criticised decisions by the country’s courts regarding Chris Hani’s killer Janusz Waluś and former president Jacob Zuma, calling them a “miscarriage of justice”.

The Constitutional Court this week ordered that Waluś be placed on parole within 10 days.

Chief justice Raymond Zondo said the decision by justice and correctional services minister Ronald Lamola to deny Waluś parole was irrational and should be reviewed and set aside. 

On the same day, the Supreme Court of Appeal (SCA) ruled Zuma must go back to jail.

The SCA dismissed with costs Zuma’s appeal against the setting aside of his medical parole by the Pretoria high court.

The court ruled last year’s decision to grant Zuma medical parole against the advice of the specialist Medical Parole Advisory Board was unlawful.

Zuma was sentenced to 15 months' imprisonment after he ignored instructions to participate in the state capture inquiry into corruption.

Speaking at the Bertha Gxowa Memorial lecture in Katlehong east of Johannesburg, Masina said the judiciary has no shame.

“A miscarriage of justice has occurred. iJudiciary ayinanhloni (the judiciary has no shame). When they know what is on the agenda, they decide that the day we are jailing the freedom fighter is the same day we will release someone who murdered Chris Hani,” said Masina. 

He encouraged ANC members to march to the judiciary. 

“Comrades, stand up and march to the judiciary because they have to be sensitive. We need the truth from Janusz Waluś. Why did he murder? Why did he pull the trigger? Who sent him?”

“It can’t be that he is released. We don’t know the truth because Chris Hani was murdered in a terrible way. This is not something we will take lightly and say we are going to be fine with it.”

ANC presidential hopeful Zweli Mkhize said the two incidents were a painful reminder of possible moral bankruptcy of the country.  

“It becomes a problem when decisions are taken and we don’t take into account how painful our hearts are about the death of Chris Hani. People don’t understand the psychology of South Africans. To us this was the worst travesty of justice,” said Mkhize. 

He said seeing Hani's killer taken out of prison and Zuma taken in was painful.

“We’re not arguing whether there was anything technically wrong with the parole. That’s for lawyers. What hits us is what we feel,” said Mkhize. 

“ Comrades, don’t misunderstand us. We voted for the constitution, we support it, we support the law, we respect the law and don’t believe anyone is above the law, but we’re also a South Africa that’s compassionate, that is supposed to understand some of the challenges and try to help us reconcile.

“I don’t understand what it would mean to take an 80-year-old man back to prison. I respect the courts, I respect the law and I think all of us must. If [former] president Zuma was turning 80 and would have been in prison he would have been told to get out of prison but now he must go back,” he said.

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