Walus parole denial to be challenged in High Court

Former South African Communist Party leader Chris Hani’s assassin, Janus Walus, has been denied parole in what his lawyer describes as an ‘irrational’ decision that will be challenged in the High Court, notes Legalbrief. Justice Minister Michael Masutha announced his decision at a press briefing on Friday, according to a Mail & Guardian report. This follows a Supreme Court of Appeal ruling in August which gave the Minister 90 days to make a decision. Walus and Conservative Party MP Clive Derby-Lewis were sentenced to death for the murder in October 1993. Their death sentences were commuted to life imprisonment in November 2000. The SCA in August upheld an appeal by Masutha against the decision by the Gauteng High Court (Pretoria) to release Walus on parole. A News24 report quotes Masutha as saying Walus had not shown enough remorse and paroling him would be pointless as he still harboured resentment. Outlining the reasons for his decision, Masutha said a psychologist's report had highlighted Walus' political ideology as a 'risk factor'. Although Walus had shown empathy for Hani's children and widow, the report painted a picture of a person who saw nothing wrong with 'eliminating a Communist' and continued to justify the murder.

Full Fin24 report

Full Mail & Guardian report

The decision is 'irrational and biased', according to Walus’ lawyer Julian Knight, notes Legalbrief. ‘We are taking the matter on review. It will be a High Court application to ask the court to substitute the Minister’s decision,’ said Knight. He said they will make the application in terms of the Promotion of Administrative Justice Act. ‘I am more (than) confident that we will be successful,’ Knight is quoted as saying in a City Press report. Masutha, citing the psychologist's report, said that although Walus ‘expressed remorse for the fact that the victims’ children are fatherless and the wife is a widow; he showed no remorse for murdering Chris Hani’. ‘This can in no way qualify as full remorse as he continues to justify his killing of a communist,’ said Masutha. Knight said the psychologist’s comments have no factual basis. ‘The fact is Walus never said "I’m sorry that I killed the husband, I’m sorry that I killed the father but for Hani I’m not sorry at all". He never said that.’ ‘What the psychologist said is, "I get the feeling that he’s sorry".’ Knight said the psychologist’s report also said Walus was at low risk of re-offending. ‘The Minister prejudged the matter, he picked and chose what suited him in reaching his conclusion.’ He added that, although the matter was given back to him out of courtesy ‘the court is not going to make the same mistake twice’.

Full City Press report

Blade Nzimande has called for an official inquest into the circumstances surrounding Hani’s murder. The SACP general secretary said the party welcomed the news that Walus would remain in prison, notes a News24 report. ‘Walus does not show any remorse for murdering our general secretary. Still there is no full disclosure of the truth,’ he said. ‘On behalf of the central committee, I want to reiterate our call as the SACP, of an official inquest to investigate all the circumstances surrounding the assassination of our former general secretary,’ said Nzimande. ‘There are other issues the SACP is concerned about, including what the objective of revoking the murderer’s citizenship, while in jail serving a life sentence was. This occurred during the time when we were opposing his parole application,’ Nzimande added.

Full Fin24 report