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Constitutional Court grants Chris Hani's killer parole

Chief Justice Raymond Zondo

Presidency


The Constitutional Court has ordered the Department of Correctional Services to place Chris Hani's killer, Janusz Walus, on parole within 10 days.

The order was made on Monday by Chief Justice Raymond Zondo, after Walus umpteenth attempt at parole.

His co-accused, Clive Derby-Lewis, was released from prison in 2015 after his parole was denied many times but died a year later of lung cancer.

Walus and Derby-Lewis two were jailed for life for the murder of SA Communist Party leader, Chris Hani, who was shot dead in 1993.

Delivering a lengthy judgment, Chief Justice Zondo said he was mindful of the fact that in assassinating Hani, Walusz wanted to derail the attainment of democracy, nearly plunging the country into a civil war.

"However, I have also borne in mind that when the fathers and mothers of our constitutional democracy included in it the bill of rights they did not draft a bill of rights that would confer fundamental rights only on those who fought for democracy and not on those who had supported apartheid or who were opposed to the introduction of democracy in this country," Zondo added.

"The decision of the Minister of Justice and Correctional Services, made in March 2020 and rejecting the application for parole is reviewed and set aside," Zondo said.

He also order the Minister of Justice is ordered to place "the applicant on parole on such terms and conditions he may deem appropriate and to take all such steps as may need to be taken to ensure that the applicant is released on parole within 10 calendar days of the date of this order.

Lamola also has to pay the costs, including the costs of two counsel.