He has served 25 years of his life imprisonment sentence at the Kgosi Mampuru II Correctional Centre following the 1993 assassination of Hani.
Walus was initially sentenced to death on October 15, 1993, but when the death sentence was abolished soon afterward, his sentence was commuted to a life sentence.
The court last year decided to grant Walus parole, but Justice Minister Michael Masutha took the matter on appeal to the Supreme Court of Appeal.
That court referred the matter back to the minister for his reconsideration.
But in November last year, the minister again turned down Walus’s application to be placed on parole.
Walus, in papers filed with the high court, will ask for an order that the minister’s refusal be set aside, alternatively that the court order his release, subject to him being deported to Poland.
It is said that Walus wants to go back to Poland since his daughter is there.
A social worker who evaluated Walus said if he was released on parole, he would pose no risk to the South African community.
The social worker said Walus realised that he had made a mistake, and he took responsibility for his actions.
“It is obvious that I have done everything in my power to rehabilitate, to conduct myself in such a manner as to comply with the prison rules, and I have shown remorse,” Walus said in court papers.
He also asked the court to consider him as an ordinary prisoner, who has been serving a sentence for ordinary crimes.
He requested that his case should be divorced from any political context.
However, he did state that the killing of Hani was executed in circumstances where he was “fighting as a foot soldier to uphold the apartheid state”.
“This fact, should, however, not be held against me and be used against me, especially where I was not granted amnesty for the crimes that I am currently serving a (life) sentence for.”
Walus’s co-accused at the time, Clive Derby-Lewis, was granted medical parole in 2015 following an extensive legal battle. He has since died.
Walus’s lawyer, Julian Knight, said it appeared the government had a political reason for not wanting to release him.
“They will continue to find every possible excuse to continue to refuse his release on parole,” Knight said.
Meanwhile, SACP deputy general-secretary Solly Mapaila has indicated that he would be attending the hearing today, together with Hani’s widow, Limpho Hani, and family members.
They will oppose parole as the SACP remained steadfast that Walus remained an “unrepentant murderer and must remain in jail until he speaks the whole truth and nothing less”.