Publications
Partners
The Constitutional Court has unanimously dismissed efforts by Chris Hani’s widow, Limpho, and the SACP to persuade it to reconsider ordering the release of his killer, Janusz Walus.
In a three-page ruling, the apex court said it had "concluded that the application should be dismissed because the applicants have failed to make out a case for rescission reconsideration".
In a highly unusual move, the Constitutional Court then explained the reasons behind this decision.
It said it had "noted that there was much overlap between the submissions of the Minister [of Correctional Services Ronald Lamola in regards to Walus' parole] and those of the applicants [Limpho Hani and the SACP] and these were adequately considered.
READ | 'Zondo has failed this country': Limpho Hani slams ConCourt's order to grant parole to Janusz Walus
"In particular, on the only two factors on the basis of which the Minister had refused Mr Walus' parole application, the submissions of the Minister and the applicants were essentially the same. The Minister never relied on the fact that Mr Walus' SA citizenship had been revoked to contend that Mr Walus should not be granted parole.
"The fact that Mr Walus never made a full disclosure before the TRC was not one of the factors that needed to be taken into account in terms of the department's policy or the Correctional Services Act in determining whether parole should be granted."
The apex court also dismissed Limpho Hani and the SACP's application for it to stay its Walus release order until its reconsideration application was finalised.
Walus was, in any event, released on parole on Wednesday.
This is a developing story.
