Chris Hani’s murderer, Janusz Walus. (Reuters)
The General Council of the Bar (GCB) has cautioned that the manner in which public outrage at the constitutional court ruling ordering the release of Janusz Walus has been expressed, risks undermining the rule of law and faith in the administration of justice.
The court on Monday upheld an appeal against the justice ministry’s denial of parole for Walus, who killed South African Communist Party leader Chris Hani in 1993. It ordered his release within 10 days.
The order drew fierce criticism, including from Hani’s widow, Limpho, who termed it “diabolical”.
The GCB said the Constitution and the Bill of Rights in particular guaranteed the right to freedom of expression, with the concomitant right to critique court judgments.
“However, such criticism should be expressed with due deference to the judiciary, consistent with the obligation of civil society to uphold, promote and respect the integrity and independence of the judiciary, and with due regard to the judiciary’s responsibility to interpret and apply existing law impartially without fear or favour,” the council said.
It noted that the judgment, delivered by Chief Justice Raymond Zondo, was unanimous.
Walus has spent just over 28 years in prison for an act that brought pre-democratic South Africa to the brink of civil war. He has been waging a court battle to secure his release on parole since 2016.
The apex court found that Justice Minister Ronald Lamola’s decision in 2020, which was upheld by the appellate court, was irrational. The minister had relied on the remarks of the trial court to deny parole, and conceded both that these were above all relevant in motivating the severity of the sentence.
Walus had been sentenced to death, but this was converted to life in prison after the death penalty was abolished.
Lamola also conceded that the only factors weighing against his release on parole were the remarks of the trial court, which Zondo said were in his view not relevant.
“I have also borne in mind that when the fathers and mothers of our constitutional democracy drafted our Constitution, and included in it the Bill of Rights, they did not draft a Bill of Rights that would confer fundamental rights only on those who fought for democracy and not on those who had supported apartheid or who had opposed the introduction of democracy in this country.”
Hani’s wife said the ruling “vindicated” Tourism Minister Lindiwe Sisulu, who earlier this year — in a staggering attack on the justices of the constitutional court — said they were beholden to a colonialist mindset.
She elaborated on this in interviews with several media houses this week, and suggested the judges would rue the day they ordered the release of her husband’s killer.
The GCB said it understood and respected the pain the murder had caused.
“We recognise, and respect that the matter involves the untimely and painful death of an iconic figure in the history of our country – a son, a husband, a father and a friend to many. We respect their pain and sacrifices.”
But it called on all citizens to uphold the rule of law and constitution.
“Gratuitous attacks on the judiciary, and singling out individual justices for gratuitous attack, only serve to undermine the rule of law and the public’s faith in the administration of justice,” it said.