Johannesburg - Janusz Walus’s lawyer says a decision by Home Affairs Minister Aaron Motsoaledi to grant Chris Hani’s killer a special exemption in order for him to serve his parole in South Africa is unlawful.
Walus gunned down the SACP leader Hani in the driveway of his Boksburg home in 1993.
Walus’s lawyer Julian Knight said his client would be freed on Thursday, in line with a Constitutional Court order he be freed in 10 calendar days.
He had been in titanic battles with the government for years, trying to be granted parole.
Knight, who was speaking to Talk Radio 702, said Motsoaledi was acting unlawfully as other criminals who were released on parole without status in the country, were deported.
“The announcement by that minister to grant a status which is to serve in parole and in my view, his decision is unlawful.
“I think that the only way forward is to be deported and why make separate rules for Walus, when other offenders who are in this country without residence status are deported,” said Knight.
He said Walus had not made an application to Motsoaledi for special exemption in the country.
He said the decision was unlawful and added Justice and Correctional Services Minister Ronald Lamola had yet to determine the conditions of parole for Walus.
The Constitutional Court ordered Lamola to set out the conditions in releasing Walus on parole.
Knight said there would be a safety and security threat on Walus’s life if he remained in South Africa.
Knight said the best remedy was to allow Walus to leave the country and return to Poland.
“Not if he is deported and if he remains here, there is going to be a problem with security,” he said, adding that the government would have to provide security through the SAPS if Walus was forced to remain in the country.
“The only way forward is that he must be deported. Why make a separate for Walus, all other offenders are deported.
“If he remains here there will be a problem with security that the government will have to foot the bill for.
“If there is a real threat, and there is, then it will mean the SAPS has to put a special unit together to protect Mr Walus’ life,” he said.
On Monday, the Department of Home Affairs said Walus would not be allowed to leave South Africa as part of his parole conditions.
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 to 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.
Motsoaledi said an exemption by Lamola said he 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 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 the fact 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 DHA’s stance is that Mr Walus must serve his parole period in South Africa as part of his sentence,” they said.
IOL