Home Affairs says Janusz Walus must serve his parole in SA

Janusz Walus testifies at the Truth and Reconciliation Commission hearing at Pretoria City Hall in this August 20, 1997 file photo. The convicted killer of South African anti-apartheid leader Chris Hani is set to be released on parole. REUTERS/Files

Janusz Walus testifies at the Truth and Reconciliation Commission hearing at Pretoria City Hall in this August 20, 1997 file photo. The convicted killer of South African anti-apartheid leader Chris Hani is set to be released on parole. REUTERS/Files

Published Nov 28, 2022

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Johannesburg – The Department of Home Affairs says Chris Hani's killer Janusz Walus will not be allowed to leave South Africa as part of his parole conditions.

A Constitutional Court order last week granted Walus parole and has forced Justice Minister Ronald Lamola to release him on parole by Thursday this week.

The Constitutional Court ordered Lamola to outline the parole conditions for Walus, who gunned down the SACP leader Hani in the driveway of his Boksburg home in 1993.

In a statement, Home Affairs said media reports that Walus would be allowed to leave the country and relocate to Poland were not true.

“It is clear from the media reports that the Embassy of the Republic of Poland, believes that if Walus is deported to Poland, he won’t serve any parole in the Republic of Poland because the Constitutional Court judgment is not binding on that country.

“The Minister of Home Affairs further believes that the heinous crime committed (against) the people of South Africa by murdering one of the icons of the liberation Struggle makes it obligatory that Mr Walus must serve his parole period as part of sentence in the Republic of South Africa,” said the Home Affairs Department in a statement.

Home Affairs Minister Dr Aaron Motsoaledi said Walus would not be allowed to leave the country and that the Polish authorities would not be allowed to issue any travel documents or passports for Walus.

“In line with the undertaking made by the Minister of Home Affairs and accepted by Mr Janusz Walus during the high court proceedings in November 2020, the minister has granted Mr Walus an exemption in terms of section 31(2)(b) of the Immigration Act 13 of 2002, the rights of permanent residence for the parole period and conditions to be imposed by the Minister of Justice and Correctional Services.

“The minister (Lamola) granted the exemption in order for Mr Walus to serve his parole period in South Africa and the exemption contains a condition that Mr Walus may not use any travel document and/or passport issued by the Embassy of the Republic of Poland,” he said.

A letter from Home Affairs addressed to Walus, through Lamola, contained an exemption certificate, reminding him he could not leave.

“The letter set out the exceptional circumstances requiring the granting of the exemption which, inter alia, include that it would be in the interests of justice that Mr Walus serves his sentence to the fullest, including parole in the Republic of South Africa.

“The minister notes the media speculation that Mr Walus would serve his parole period in the Republic of Poland.

“In light of the exemption issued by the minister, this speculation cannot be correct and the Department of Home Affairs would not be involved in any deportation process of Mr Walus to the Republic of Poland.

“The Home Affair’s stance is that Mr Walus must serve his parole period in South Africa as part of his sentence.”

IOL