The application by the SA Communist Party (SACP) and Limpho Hani to reverse or “rescind” the Constitutional Court judgment that released Janusz Waluś on parole will not automatically prevent his release on parole.
Rescission applications, unlike appeals, do not automatically suspend the order they seek to reverse.
In their application — filed in the Constitutional Court this week according to their attorney — the SACP and Hani did not ask for an urgent order preventing Waluś’s release while the apex court considers their application.
Walus is expected to be released — as per the apex court’s order — by Thursday. The order says he is to be placed on parole within 10 calendar days from the date of its order.
In their application, the SACP and Hani have asked the court to declare that its judgment had a “patent error” in that it did not “fully evaluate or analyse or examine the applicants’ submissions”. They asked for an order rescinding the judgment or “recalling” it, and an order that it be heard anew.
Hani’s lawyer, Mahupa Lloyd Shoba, on Tuesday confirmed they had approached the apex court. “I can confirm there is an application before the Constitutional Court. Our client will address the media in due course if she elects to do so,” Shoba said.
Meanwhile the tripartite alliance partners on Wednesday marched to Kgosi Mampuru correctional facility, where Waluś has been serving his sentence, to express their unhappiness over his release.
Gauteng premier and ANC provincial chair Panyaza Lesufi said the assassination of Chris Hani by Waluś in 1993 will never be forgiven. The group gathered at Burgers Park in central Pretoria before marching to the Kgosi Mampuru prison.
Waluś’ was on Tuesday stabbed by a fellow prisoner, reported to be a former ANC military veteran, and is receiving medical treatment.
Lesufi wants Waluś to know he is not forgiven. “When Waluś killed Chris Hani, we marched. When he was sent to prison, we marched. We have to be consistent,” Lesufi said. “Even when he leaves prison, he must find us outside. Send a message to him when he takes that last walk of shame out of that prison.
“He must know what he did to Chris Hani is not forgiven and we will never forget Hani. He thought by killing Chris Hani his name would die. The name has multiplied.”
SACP general secretary Solly Mapaila said the party believed Waluś did not deserve parole “because he didn’t tell the truth”.
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