SA liberation hero's assassin deported to Poland
Publish date: 09 December 2024
Issue Number: 1106
Diary: IBA Legalbrief Africa
Category: Criminal
The widow of slain anti-apartheid hero Chris Hani, Limpho Hani, has once again called for a full investigation into the 1993 assassination of her husband following the deportation of his killer, Janusz Walus, to Poland. Legalbrief reports that Walus nearly sparked a full-blown race war shortly before South Africa’s historic 1994 democratic elections which saw Nelson Mandela sweep into power on a ticket of racial reconciliation. Despite his parole and subsequent deportation, Limpho – supported by the South African Communist Party (SACP) – is demanding a formal inquest into her husband’s murder, calling the deportation of Walus a painful reminder of the unresolved truths behind Hani’s assassination. The Star reports that she believes the full extent of the conspiracy, which she argues is still concealed, can only be revealed through a thorough investigation. The SACP has expressed outrage over the government’s handling of Walus’ deportation, saying that it ‘rubs salt into the family’s wounds’. The Sunday Times reports that some right-wing Polish organisations have voiced support for him in the past, but there was no welcoming party at the Warsaw airport. ‘No journalists, no futbol fans,’ his daughter Ewa told the Sunday Times in a text message. ‘He landed in Warsaw at 9.30am SA time,’ Ewa said. ‘It was 8.30am here in Poland. I could not go to the airport because I am ill, but a friend picked him up. I knew that everything was well-organised and he would be cared for. He will live in his family house. I have not spoken to him yet, so I do not know what his plans are. I am happy that at least he is a free man. It took years of fighting for equal treatment. His lawyer, Julian Knight, did a great job,’ Ewa said. Knight said Waluś’ release and subsequent deportation was ‘a victory for the rule of law’.
A News24 report notes that in November 2022, the Constitutional Court found then-Justice Minister Ronald Lamola's decision to refuse Walus parole in 2020 had been irrational and set it aside, paving the way for his release from prison the following month, after 28 years behind bars. Polish-born Walus' SA citizenship was revoked in 2017, but he was granted residence after his release so he could serve his parole period of two years in the country. With that parole period having come to an end on Friday, Minister in the Presidency Khumbudzo Ntshavheni announced that Walus would be sent back. ‘Since Janusz Walus no longer holds any SA enabling documents, the Department of Home Affairs will be deporting him. This morning (Friday), the National Commissioner of Correctional Services will formally hand over Janus Waluz to the Department of Home Affairs for deportation,’ she said. Ntshavheni said Deputy President Paul Mashatile led a delegation on a visit to the Hani family last week to deliver the news. ‘During this engagement, the government delegation received a request for an inquest from Mr Hani’s wife and the SACP. The request will be referred to the Department of Justice & Constitutional Development,’ she said. Home Affairs Minister Leon Schreiber said the cost of his deportation would not be footed by SA taxpayers. ‘The Polish embassy has indicated they will do so,’ Schreiber said.
The Constitutional Court's ruling effectively granting Walus parole garnered widespread criticism, News24 notes. The unanimous decision found, however, that ‘an important objective of imprisonment in our correctional facilities is aimed at rehabilitating the prisoner so that he or she can lead a crime-free life after being released from prison and rejoining society’. The court also looked at Lamola’s reasons for refusing Walus parole. The guiding policy laid out various factors, which the Minister had to consider in terms of the guiding legislation and policies, the majority of which, he himself conceded, were in Walus’ favour.
The ANC has called for a ‘comprehensive’ inquiry into the assassination of Hani. A News24 report says ANC secretary-general Fikile Mbalula said an inquiry into the matter would expose the full scope of the crime and bring closure to the family. ‘Janusz Walus deprived SA of one of its greatest leaders, and his release without a full confession of his actions and conspiracies remains an injustice. The heavy blow that he inflicted on the nation is palpably fresh, considering its painful effect on comrade Chris' children and his wife, comrade Limpho,’ Mbalula said. He added the murder ‘was well-calculated’. When asked what the purpose of the inquiry was – given that Walus had been deported – Mbalula said: ‘If the inquiry brings about closure to the family … it's a matter that we believe should be undertaken. That is what we are advocating for. It doesn't matter if he is here or not; inquests are opened from time to time to look at matters’. The News24 report notes the EFF also weighed in on the matter. Its spokesperson Leigh-Ann Mathys said the party was pained mostly by the fact Limpho Hani, who the party said had been relentlessly calling for justice for her husband for more than 30 years, would not get it. Mathys added: ‘Even worse, those who called her husband their comrade have now freed his killer. Worse yet there are manipulative individuals in our nation who claim to know the darkest depths and the roots of the conspiracy to kill Chris Hani, and instead of speaking out, they have used Hani's death as a tool for political expediency.’
