THE South African National Communist Party (SACP) will appeal a court order that Janusz Walus, who murdered former general secretary of the SACP Chris Hani, be released on parole.
The order — by Pretoria High Court Judge Nicoline Janse van Nieuwenhuizen — said he should be released within 14 days.
Walus has served 23 years of a life sentence for the murder of the popular liberation hero, which in 1993 shocked the nation.
The court’s decision to grant Walus parole yesterday was met by outrage by the SACP.
"The judgment was disappointing, however it did not come as a complete shock to us," said SACP spokesman Alex Mashilo.
He said at the parole hearing last week Judge Janse van Nieuwenhuizen asked questions that showed she was sympathetic to Walus.
Mr Mashilo said the party started preparing itself for her decision, and it was not a matter of "if" but of "when" they would appeal.
He said the party was meeting to discuss when to launch its appeal and would reveal this as soon as discussions were over.
Justice and Correctional Services spokesman Mthunzi Mhaga said: "We are disappointed because we held a different view and we believe that the minister’s decision was right and above board."
Mr Mhaga was referring to Justice and Correctional Services Minister Michael Masutha’s decision last year to deny Walus bail.
Mr Masutha last year approved medical parole for Walus’s co-accused Clive Derby-Lewis and granted parole to the notorious head of Vlakplaas, Eugene de Kock.
Derby-Lewis gave Walus the gun he used to kill Mr Hani.
In an ENCA interview, Mr Masutha said: "We (the department) have embarked on a new path to restore the victims of crime to their rightful place … this (court’s decision) seems to be flying in the face of that."
The head of the criminal committee at the Law Society of SA, William Booth, said Walus could have taken the matter to the court on review of the minister’s decision.
"Any decision by a minister or by any official in any department can be taken on review and the test is has the person applied their minds to the facts of the case," said Mr Booth.
The African National Congress (ANC) has demanded that Walus, a native of Poland, be deported to his country of birth.
"The court’s decision to release him exactly a month before we commemorate the 23rd anniversary of the assassination of this towering hero of our struggle is extremely insensitive," read an ANC statement.
The party said the court’s decision was devoid of any appreciation of the "devastating impact" Hani’s death had on the country.
"Walus’s imminent release is a travesty of justice and a tragedy for the Hani family and all South Africans who believe in human rights and who held a firm belief in our right to fight for freedom," said the party.
Clive Derby-Lewis and Janusz Walus appear in front of the Truth and Reconcilaition Commission in June 1997. Picture: ADIL BRADLOW/PICTURENET AFRICA
THE South African National Communist Party (SACP) will appeal a court order that Janusz Walus, who murdered former general secretary of the SACP Chris Hani, be released on parole.
The order — by Pretoria High Court Judge Nicoline Janse van Nieuwenhuizen — said he should be released within 14 days.
Walus has served 23 years of a life sentence for the murder of the popular liberation hero, which in 1993 shocked the nation.
The court’s decision to grant Walus parole yesterday was met by outrage by the SACP.
"The judgment was disappointing, however it did not come as a complete shock to us," said SACP spokesman Alex Mashilo.
He said at the parole hearing last week Judge Janse van Nieuwenhuizen asked questions that showed she was sympathetic to Walus.
Mr Mashilo said the party started preparing itself for her decision, and it was not a matter of "if" but of "when" they would appeal.
He said the party was meeting to discuss when to launch its appeal and would reveal this as soon as discussions were over.
Justice and Correctional Services spokesman Mthunzi Mhaga said: "We are disappointed because we held a different view and we believe that the minister’s decision was right and above board."
Mr Mhaga was referring to Justice and Correctional Services Minister Michael Masutha’s decision last year to deny Walus bail.
Mr Masutha last year approved medical parole for Walus’s co-accused Clive Derby-Lewis and granted parole to the notorious head of Vlakplaas, Eugene de Kock.
Derby-Lewis gave Walus the gun he used to kill Mr Hani.
In an ENCA interview, Mr Masutha said: "We (the department) have embarked on a new path to restore the victims of crime to their rightful place … this (court’s decision) seems to be flying in the face of that."
The head of the criminal committee at the Law Society of SA, William Booth, said Walus could have taken the matter to the court on review of the minister’s decision.
"Any decision by a minister or by any official in any department can be taken on review and the test is has the person applied their minds to the facts of the case," said Mr Booth.
The African National Congress (ANC) has demanded that Walus, a native of Poland, be deported to his country of birth.
"The court’s decision to release him exactly a month before we commemorate the 23rd anniversary of the assassination of this towering hero of our struggle is extremely insensitive," read an ANC statement.
The party said the court’s decision was devoid of any appreciation of the "devastating impact" Hani’s death had on the country.
"Walus’s imminent release is a travesty of justice and a tragedy for the Hani family and all South Africans who believe in human rights and who held a firm belief in our right to fight for freedom," said the party.
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