SACP to continue its fight to keep Janusz Walus in jail

The SACP will join the Justice Department’s lawyers to petition to take the matter to the SCA.

FILE: SACP supporters hold up placards during a march through Pretoria's CBD in support of Justice Minister Michael Masutha's decision to appeal the parole granted to Chris Hani's killer, Janusz Walus. Picture: Reinart Toerien/EWN.

JOHANNESBURG - The South African Communist Party (SACP) says it's not surprised that the latest bid to keep Chris Hani's killer behind bars has failed, as the judge in the matter has a "negative attitude" towards government lawyers.

Judge Nicoline Janse van Nieuwenhuizen dismissed the justice ministry's appeal against Janusz Walus's parole in the High Court in Pretoria earlier today.

The Polish national has served more than two decades behind bars for the 1993 murder of the SACP leader.

The SACP's Alex Mashilo says they will be joining the Department of Justice's lawyers in petitioning to have the matter heard in the Supreme Court of Appeal

"We are prepared to see this matter traverse the entire legal road until there is no other remaining avenue."

Mashilo says from the outset, the judge has been hostile toward government's legal team, and continuously interjected unnecessarily.

"The judge could not even allow the State's legal team to finish sentences when they spoke. She interjected them left, right and centre."

Van Nieuwenhuizen dismissed the appeal on the basis that it has no reasonable prospect of success.

LISTEN: SACP determined to prevent Janusz Walus's release

Meanwhile, the Umkhonto Wesizwe Military Veterans' Association (MKMVA) says it will only support Walus's release on parole if he discloses the full details of Hani's murder.

MKMVA chairperson Fumanekile Booi said, "The judgment doesn't surprise us but it won't anger us. It just gives us more determination of going forward with our effort that Walus should speak if he wants to go free. Let him spill the beans [and tell us what happened]. That's what we want."

MASUTHA CONDEMNS JUDGE WHO GRANTED WALUS PAROLE

Last month, Justice Minister Michael Masutha said the High Court judge who granted Hani's killer parole did not have the authority to set aside his decision and misunderstood legal aspects in the ruling.

Masutha said the judge misunderstood several legal aspects applicable to reviewing his parole decision.

"The manner in which she sought to evaluate my decision and the process she followed is a process she would ordinarily would apply in an appeal and not in the case of a review. She does not have authority to substitute my decision."

He said the Hani family have always remained front of mind.

"They have made it clear that the interest of the victim should be taken into consideration."