THE Constitutional Court will hear Struggle icon Chris Hani's assassin Janusz Waluś’ latest attempt to be freed after 29 years behind bars on Tuesday, but his application faces stern opposition.
Justice and Correctional Services Minister Ronald Lamola, the SA Communist Party (SACP) and Hani’s widow Limpho Hani all want the Polish immigrant’s bid to be freed not to be entertained and be dismissed by the apex court.
Waluś has turned to the Constitutional Court to overturn the April 2021 North Gauteng High Court ruling dismissing his bid to challenge the high court's earlier decision to refuse his application to be released on parole and another Supreme Court of Appeal judgment dismissing his application for leave to appeal in June last year.
In his papers filed at the Constitutional Court, Waluś accused Lamola of bowing to political pressure and fearing the political fallout that would result from his release on parole.
”The minister has been deployed by the ANC, which is a partner in the tripartite alliance, to which the SACP belong, which is the second respondent in this application, and which is a party that is directly opposed to the applicant’s (Waluś’s) application,” read his heads of argument.
According to Waluś, due to political pressure on Lamola, the SACP’s opposition to his application and the possible political fallout that would take place as a result of his release on parole created a reasonable perception with him (Waluś) of bias.
”It is for that reason that it is also submitted that the decision has been made in a capricious and arbitrary manner, by not giving proper consideration to all the factors, the law and the implications of the decision, but simply making the decision on the basis of political expedience.
Lamola has rejected Waluś’ claim that his March 2020 decision to deny him parole was taken arbitrarily or capriciously is without substance.
”In respect of decisions which he is required to make in his capacity as the minister, he does so independently from interference by the national executive committee of the ANC, the Cabinet or any other entity or person,” read his heads of argument before the apex court.
Limpho Hani and the SACP told the Constitutional Court that Waluś’ offence was born not only of racial oppression but also of the subjugation of political views different from his own.
“The sentence must serve to deter any other like-minded people who may contemplate assassinating political opponents with a view of creating chaos or ‘regime change’ through violence,” Mrs Hani and the party explained.
Non-profit organisation Families for Lifers has been admitted as an intervening party in the matter along with Tebogo Modise, who is the second intervening party, by the Constitutional Court.
Families for Lifers is a group of concerned relatives of offenders falling under judgments delivered in matters involving prisoners serving life sentences –Cornelius van Wyk, Paul van Vuuren and Oupa Phaahla – fighting for their release as they believe their being freed is long overdue.
Political Bureau