Walus apology swayed judge

A HEARTFELT apology to the widow of assassinated politician Chris Hani was among factors that helped sway a judge to defy Justice Minister Michael Masutha and grant murderer Janusz Walus parole in a decision delivered yesterday.

But there could be opposition to Judge Nicoline Janse van Nieuwenhuizen’s North Gauteng High Court ruling that would allow Walus, 63, to walk out of Kgosi Mampuru II prison in Pretoria in 14 days. This would end 23 years in prison. Masutha’s spokesman, Mthunzi Mhaga, said the Department of Justice was examining the judgment and would consider if there were grounds for an appeal.

Polish immigrant and extreme anti-communist Walus and right-wing politician Clive Derby-Lewis were sentenced to death for the murder of Hani outside his home in Boksburg on April 10 1993. Walus fired the fatal shots and DerbyLewis provided the gun. The sentences were commuted to life. Derby-Lewis, now 80, was granted medical parole on May 15 2015 after being diagnosed with terminal lung cancer.

In her judgment setting aside Masutha’s refusal to grant Walus parole, Janse van Nieuwenhuizen referred to the assassin’s heartfelt apology to Hani’s widow, Limpho.

In a letter dated October 6 2014, Walus wrote: “The only thing that I can do is say I am very sorry for what I have subjected you [to] through all those years.

“If forgiveness is impossible, I will fully understand and respect your decision.”

Janse van Nieuwenhuizen said that during the parole hearing, which was also attended by Hani’s widow, Walus had again apologised.

The judge said Hani had clearly stated that she did not accept any apology, but if Walus would like to approach her through her legal representatives, he was welcome to do that.

Hani did not respond to the apology offer, which was also made to Hani’s two daughters.

Walus did not receive any response to these letters. On April 10 last year, Masutha turned down Walus’s parole bid. But in her judgment yesterday, Janse van Nieuwenhuizen questioned Masutha’s decision to decline Walus’s application on the basis that the Hani family had refused to engage with him.

“The applicant has no control over their decision,” the judge said.

“It is furthermore disconcerting that the minister attaches so much weight to this issue whilst it is not, in terms of the applicable policies, a factor to be considered when evaluating the application for parole.”

Political parties reacted harshly to the decision, with the ANC calling for Walus to be deported to his country of birth, Poland.

The ANC also said the court was insensitive to release the assassin just before the country would commemorate the 23rd anniversary of Hani’s killing.

“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,” ANC spokesman Zizi Kodwa said.

“The ANC demands that Janusz Walus is immediately deported to his country of origin on his release, never to return to South Africa.”

But if the governing party hopes to expel Walus, it would first have to revoke his citizenship, which he obtained in 1987.

The SA Communist Party said it was appalled at the decision to release the “unrepentant” murderer.

The party said the judge had made “biased remarks” during the court hearing suggesting that it was time to forget and move on.

She had said that the murderer must be treated with compassion, the SACP said, but it asked if the killing of Hani had been compassionate.

DA MP James Selfe said Masutha and his department would be asked for legal clarity that all processes and protocols had been observed by the court and parole board.

The Economic Freedom Fighters said it was deeply saddened.

The system of the protection and advancement of white privilege at the expense of the black people continued, the party said.

Meanwhile, Walus may not be the only right-wing assassin likely to be released soon.

Civil Cooperation Bureau Ferdi Barnard, who murdered activist David Webster, has lodged a parole bid before the justice minister, according to lawyer Julian Knight.