‘Waluś qualified for parole as early as 2005’ – Zondo

'Walus qualified for parole as early as 2005' - Zondo
INJUSTICE: Chief Justice Raymond Zondo's judgement noted that minister of justice and correctional services, Ronald Lamola's contradictory affidavit in the matter did not provide satisfactory reasons why Waluś should be denied parole. PICTURE BY Briefly

The chief justice used holes in justice minister Ronald Lamola’s contradictory rejection of the killer’s application for parole in order to arrive at his judgement.

The killer of SACP leader Chris Hani, Janusz Waluś, qualified for parole as early as 2005, chief justice Raymond Zondo said when he delivered his judgement at the Constitutional court Monday 21 November 2022…

In South Africa, an offender slapped with a life sentence qualifies for parole after serving a minimum sentence of 13 years and 4 months.

Therefore Waluś completed his 13 years and 4 months of imprisonment in 2007 but because former President Nelson Mandela offered Waluś an amnesty to have his life sentence reduced by a whole year, the man in reality qualified for parole in 2005.

This is after serving 12 years and four months of his imprisonment…

Zondo said justice minister Ronald Lamola’s decision in 2020 and the reasons given to refuse the man parole were not satisfying, were contradictory and in fact paved the way for his release.

ALSO SEE: Bonakele Majuba says killers of Chris Hani killed South Africa’s future

Waluś will be released within 10 days starting from Monday 21 November 2022.

He and co-accused Clive Derby-Lewis, who died in 2016 after a long battle with lung cancer, were sentenced to death in 1993 for the murder of Hani. The death sentence was commuted to a life sentence in 2000 following the newly elected democratic government of Mandela abolishing it in 1995.

Januz Waluś and co-conspirator Clive Derby-Lewis who together planned and executed the brazen assassination on the chief of the ANC’s military wing MK in 1993. PIC TRC

Waluś’ first application for parole began in 2011 – after serving 17 years of his sentence – and for all these years had been rejected by the various justice and correctional service ministers until now…

For example, after the Parole Board recommended that Waluś be placed on parole in 2011, then correctional services minister Sbu Ndebele rejected this, charging that Hani’s family had not been given a chance to have a voice in the whole application.

ALSO SEE: SACP welcomes declaration of Chris Hani’s grave as heritage site

In 2013, the matter returned to the Parole Board and Hani’s widow Limpho Hani and daughter Lindiwe attended the hearing and opposed the killer’s bid for parole.

Since then his applications for parole had been rejected, including one that was rejected by justice minister Michael Masutha in 2015 on account that killing Hani “outweighed” all of his good behavior in jail.

'Walus qualified for parole as early as 2005' - Zondo
Chris Hani’s killer Janusz Waluś

In releasing Waluś, Zondo pointed holes in Lamola rejection of his application for parole and said Lamola penned a “conflicting” affidavit while rejecting the parole application, which made no sense – because he will still use the very same reasons he used to deny him parole in releasing him in the future.

When looking at the factors that apply when giving an offender a parole, Lamola found that all the factors were in Waluś’ favour – except for two which were the judgement made by the judge that sentenced him to life about the nature of the crime in killing a prominent politician and the one made by the Supreme Court of Appeal about killing a defenceless victim.

Zondo said these are irrelevant factors to even mention.

The other factors that Lamola found in favour of Waluś are:

1.) The behaviour and adjustment of the offender during his incarceration and the clean record he has within the correctional centre

2. ) The multidisciplinary programs attended by the offender within the
correctional centre aimed at his rehabilitation

3. ) The availability of support systems to the offender and employment prospects in the event of him being placed on parole

4.) The fact that the offender is a first-time offender

5.) The reports of the psychologists and social workers

6.) The remorse on the part of the offender for the crime of murder

7. ) The opinions of the psychologists that the risk of the offender re-offending is low.

(edited by ZK)
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