The application by the South African Communist Party (SACP) and Limpho Hani to reverse or “rescind” the Constitutional Court judgment that released Janusz Walus on parole will not automatically prevent his release on parole.
Rescission applications, unlike appeals, do not automatically suspend the order they seek to reverse.
In their application — filed in the ConCourt this week according to their attorney — the SACP and Hani did not ask for an urgent order preventing Walus’s release while the apex court considers their application.
Walus is expected to be released — as per the apex court’s order — by Thursday. The ConCourt’s order says he is to be placed on parole within 10 calendar days from the date of its order.
In their application, the SACP and Mrs Hani have asked the apex court to declare that its judgment had a “patent error” in that it did not “fully evaluate or analyse or examine the applicants’ submissions”.
They asked for an order rescinding the judgment or “recalling” it, and an order that it be heard anew.
Hani’s lawyer, Mahupa Lloyd Shoba, on Tuesday confirmed to TimesLIVE Premium they had approached the apex court.
“I can confirm there is an application before the Constitutional Court. Our client will address the media in due course if she elects to do so. I cannot say for sure if she will,” Shoba said.
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