By Lehlohonolo Lehana.
The Constitutional Court has dismissed Limpho Hani’s reconsideration application to release Chris Hani’s killer Janusz Walus.
In her application, Hani asked the highest court in the land to declare that its judgment had a “patent error” in that it did not “fully evaluate or analyse or examine the applicants’ submissions”.
The apex court had last month ordered the release of Walus on parole within 10 calendar days of its judgment.
In a three-page ruling, the apex court said it had “concluded that the application should be dismissed because the applicants have failed to make out a case for rescission reconsideration”.
In a highly unusual move, the Constitutional Court then explained the reasons behind this decision.
It said it had “noted that there was much overlap between the submissions of the Minister [of Correctional Services Ronald Lamola in regards to Walus’ parole] and those of the applicants [Limpho Hani and the SACP] and these were adequately considered.
“In particular, on the only two factors on the basis of which the Minister had refused Walus’ parole application, the submissions of the Minister and the applicants were essentially the same. The Minister never relied on the fact that Walus’ SA citizenship had been revoked to contend that Walus should not be granted parole.
“The fact that Walus never made a full disclosure before the TRC was not one of the factors that needed to be taken into account in terms of the department’s policy or the Correctional Services Act in determining whether parole should be granted.”
The apex court also dismissed Hani and the SACP’s application for it to stay its Walus release order until its reconsideration application was finalised.
Waluś, a Polish immigrant, was serving a life sentence for killing Hani outside his home in Boksburg on 10 April 1993, with the support of Clive Derby-Lewis.