Chris Hani’s widow‚ Limpho‚ has accused the judge who ordered the release of her husband’s killer on parole of hostility in handling the case.
Hani was reacting on Thursday after Judge Nicolene Janse van Nieuwenhuizen dismissed an application by the justice minister for leave to appeal against her order last month that Janusz Walus must be released on parole.
“She is not God. We have other courts to go to. We will continue to fight until justice is done‚” Hani said at the high court in Pretoria.
In an interview after Janse van Nieuwenhuizen first ordered Walus’ release last month‚ Hani called her a racist who was playing God.
Solly Mapaila‚ South African Communist Party second deputy general secretary‚ said outside court that blatant murderers could not go scot-free because of legal technicalities.
“We will take the matter to the SCA. If we lose we will take the matter to the Constitutional Court.
“We have seen the miscarriage of justice today. She did not take us through the judgment for us to understand her reasoning‚” Mapaila said.
Mthunzi Mhaga‚ spokesman for Justice and Correctional Services Minister Michael Masutha‚ confirmed that the minister would now petition the Supreme Court of Appeal (SCA) for leave to appeal to that court against Janse van Nieuwenhuizen’s judgment.
“We believe that we have identified and exposed the misdirections by the high court‚” Mhaga said.
The rules of the court allow a month for such a petition to be filed but Mhaga said it would be done on Thursday.
Walus‚ 63‚ remains in jail pending a possible appeal but his advocate‚ Roelof du Plessis SC‚ said he would apply to the high court for an order that Walus be released pending the minister’s petition to the SCA.
Walus’ application is expected to be heard in Pretoria next week.
Mhaga said the justice department would oppose it.
Walus was sentenced to death in 1993 for the murder of Hani‚ who was the secretary-general of the South African Communist Party‚ a member of the African National Congress’s national executive committee and uMkhonto we Sizwe leader.
Walus’ sentence was commuted to life imprisonment after the Constitutional Court declared in 1995 that capital punishment was inconsistent with the Constitution.
Masutha turned down Walus’ application for parole on April 10 last year but Walus secured a court order last month for his release on parole within 14 days after the judgment.
Walus’ co-conspirator Clive Derby-Lewis‚ also jailed for life‚ was released on medical parole last year because he is suffering from lung cancer.
Janusz Walus judge ‘is not God’‚ says Hani's widow
Hani was reacting on Thursday after Judge Nicolene Janse van Nieuwenhuizen dismissed an application by the justice minister for leave to appeal against her order last month that Janusz Walus must be released on parole.
“She is not God. We have other courts to go to. We will continue to fight until justice is done‚” Hani said at the high court in Pretoria.
In an interview after Janse van Nieuwenhuizen first ordered Walus’ release last month‚ Hani called her a racist who was playing God.
Solly Mapaila‚ South African Communist Party second deputy general secretary‚ said outside court that blatant murderers could not go scot-free because of legal technicalities.
“We will take the matter to the SCA. If we lose we will take the matter to the Constitutional Court.
“We have seen the miscarriage of justice today. She did not take us through the judgment for us to understand her reasoning‚” Mapaila said.
Mthunzi Mhaga‚ spokesman for Justice and Correctional Services Minister Michael Masutha‚ confirmed that the minister would now petition the Supreme Court of Appeal (SCA) for leave to appeal to that court against Janse van Nieuwenhuizen’s judgment.
“We believe that we have identified and exposed the misdirections by the high court‚” Mhaga said.
The rules of the court allow a month for such a petition to be filed but Mhaga said it would be done on Thursday.
Walus‚ 63‚ remains in jail pending a possible appeal but his advocate‚ Roelof du Plessis SC‚ said he would apply to the high court for an order that Walus be released pending the minister’s petition to the SCA.
Walus’ application is expected to be heard in Pretoria next week.
Mhaga said the justice department would oppose it.
Walus was sentenced to death in 1993 for the murder of Hani‚ who was the secretary-general of the South African Communist Party‚ a member of the African National Congress’s national executive committee and uMkhonto we Sizwe leader.
Walus’ sentence was commuted to life imprisonment after the Constitutional Court declared in 1995 that capital punishment was inconsistent with the Constitution.
Masutha turned down Walus’ application for parole on April 10 last year but Walus secured a court order last month for his release on parole within 14 days after the judgment.
Walus’ co-conspirator Clive Derby-Lewis‚ also jailed for life‚ was released on medical parole last year because he is suffering from lung cancer.
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