/ 11 July 2006

NPA rules out reopening Hani murder case

South Africa’s National Prosecuting Authority (NPA) has ruled out reopening the case of the 1993 assassination of then South African Communist Party leader Chris Hani.

In a statement on Tuesday NPA spokesperson Makhosini Nkosi said it had received a request from the Young Communist League (YCL) that the case relating to Martin Thembisile “Chris” Hani be reopened.

While the NPA was “very sympathetic” to the beliefs held by some that justice was not completely served during the trial of the accused in Hani’s murder, Nkosi said: “However, such beliefs are not supported by any hard evidence”.

He noted that it was the league’s view “that the matter was not satisfactorily solved by the trial court that heard the murder case”.

However, during a meeting last week with the NPA’s representative, the prosecuting authority’s position on the matter was stated to the YCL delegation, he reported.

Nkosi said that given the public and media interest around the issue the NPA wished to state that the case of Hani’s murder was successfully solved in that certain people were prosecuted and convicted for the crime. “The case was then duly closed. Two of the convicted murderers are currently serving lengthy jail terms.”

He was referring to Clive Derby Lewis, a former Conservative Party Member of Parliament, and Janus Walusz, a Polish immigrant.

Nkosi said the case was later brought to the Truth and Reconciliation Commission (TRC) for further investigations and deliberations on the amnesty application by his killers.

“The various TRC organs could not establish any new facts around Mr Hani’s murder that could have occasioned the re-opening of the case or the granting of amnesty to his killers. Consequently, the state does not have any new evidence at its disposal relating to this matter.”

He said that “given the fact that the case was successfully prosecuted and that there is lack of any new evidence at the state’s disposal, an inquest, or a new criminal investigation into the circumstances of Mr Hani’s murder, is not warranted”.

However, should there be new substantial evidence at a later stage that could change the complexion of the case, the NPA would be amenable to the matter being re-opened. “However, such evidence would have to be presented to the South African Police Service for investigation.”

“We hope that this matter will now be put to rest, and that Mr Hani’s family, friends and supporters can continue with their lives in peace and in the knowledge that those who caused them pain and suffering are being punished for their dastardly crime.”

Business Day reported that there was a concern that Eugene Riley — linked to military intelligence and who was probing the killing — was assassinated. – I-Net Bridge