By Zizamele Cebekhulu-Makhaza, President of POPCRU
The ANC, supported by the Congress of South African Trade Unions (Cosatu) and the SACP in Cape Town and Pretoria have vehemently protested the release of Chris Hani’s killer, Janusz Waluś, after the highest court in the land granted him an appeal and ordered the Ministry of Justice and Correctional Services to place him on parole.
Waluś was sentenced to death in 1993, but after the death penalty was abolished, his sentence was commuted to life imprisonment. Disappointingly, the Constitutional Court have subsequently granted him parole by unanimous decision, with Chief Justice Raymond Zondo stating that the decision to refuse Waluś parole was “irrational and it falls to be reviewed and set aside”.
This controversial decision has rightly been met with a great deal of criticism from the ANC and its alliance partners. As a result, ANC MPs, joined by the tribal chief of the Mvezo Traditional Council and the grandson of Nelson Mandela, Mandla Mandela, protested outside Parliament. Additionally, the Gauteng ANC declared 30 November as the Martin Thembisile Chris Hani Day of Action and marched to the Kgosi Mampuru Prison where Hani’s assassin had been jailed.
This march was dubbed “Don’t kill Chris Hani again”, and as the President of POPCRU, I am fully behind this movement, as the release of Hani’s killer represents a travesty of justice.
Waluś and his co-accused, Clive Derby-Lewis are right-wing extremists who have never disclosed or revealed the entire story surrounding their coordinated ploy to assassinate the former SACP leader. The pair expressed their intent to engage the country in a race war to deconstruct the reconciliation programme ahead of the first democratic elections in 1994, at a time when negotiations to end apartheid were at their climax.
Hani’s assassination was equivalent to treason and is still one of the most painful occurrences in our country’s history and fight for freedom. It is for this reason that I fully support calls by the tripartite alliance who are demanding that an inquest be launched once again into the assassination of Hani. Waluś and his co-accused have never been honest about the true nature of this atrocious crime, and his current undeserved freedom has only reduced the chances of uncovering the full details and depths of the plot.
This goes against the spirit of reconciliation championed by the founding fathers of our country’s democracy. Likewise, while the executive does not have the right to dictate to our judiciary, matters of national significance such as this deserve greater discussion and co-operation between the two entities. Unfortunately, however, the judiciary has taken it upon themselves in this case to make a unilateral decision which negatively impacts all South Africans, stirring deep public anger and discontent.
Justice must be upheld, which is why the Constitutional Court needs to overturn this decision and place Waluś safely behind bars once again. We need to rally as a country and keep fighting this decision by joining protest action, showing the judiciary that we do not accept the release of one of South Africa’s most notorious and dangerous murderers.
The apex court should be representative of South Africa’s public opinion, yet we as citizens and social organisations are extremely discontented by this decision. South Africa cannot let the man who nearly plunged this country into civil war to walk the streets, or allow a convicted, unrepentant criminal free.
I hope that Judge Zondo is cognisant of the effects of this decision, as Waluś’ release demonstrates that we do not respect or value human life in this country. In future, government and legal institutions need to consult with each other on such serious matters and only if they both agree, should a decision be taken. This has not been the case and may this be a lesson going forward.