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THE Constitutional Court will hear Struggle icon Chris Hani’s assassin Janusz Walu\u015b\u2019 latest attempt to be freed after 29 years behind bars on Tuesday, but his application faces stern opposition.<\/p>\n
Justice and Correctional Services Minister Ronald Lamola, the SA Communist Party (SACP) and Hani\u2019s widow Limpho Hani all want the Polish immigrant\u2019s bid to be freed not to be entertained and be dismissed by the apex court.<\/p>\n
Walu\u015b has turned to the Constitutional Court to overturn the April 2021 North Gauteng High Court ruling dismissing his bid to challenge the high court’s earlier decision to refuse his application to be released on parole and another Supreme Court of Appeal judgment dismissing his application for leave to appeal in June last year.<\/p>\n
In his papers filed at the Constitutional Court, Walu\u015b accused Lamola of bowing to political pressure and fearing the political fallout that would result from his release on parole.<\/p>\n
\u201dThe minister has been deployed by the ANC, which is a partner in the tripartite alliance, to which the SACP belong, which is the second respondent in this application, and which is a party that is directly opposed to the applicant\u2019s (Walu\u015b\u2019s) application,\u201d read his heads of argument.<\/p>\n
According to Walu\u015b, due to political pressure on Lamola, the SACP\u2019s opposition to his application and the possible political fallout that would take place as a result of his release on parole created a reasonable perception with him (Walu\u015b) of bias.<\/p>\n
\u201dIt is for that reason that it is also submitted that the decision has been made in a capricious and arbitrary manner, by not giving proper consideration to all the factors, the law and the implications of the decision, but simply making the decision on the basis of political expedience.<\/p>\n
Lamola has rejected Walu\u015b\u2019 claim that his March 2020 decision to deny him parole was taken arbitrarily or capriciously is without substance.<\/p>\n
\u201dIn respect of decisions which he is required to make in his capacity as the minister, he does so independently from interference by the national executive committee of the ANC, the Cabinet or any other entity or person,\u201d read his heads of argument before the apex court.<\/p>\n
Limpho Hani and the SACP told the Constitutional Court that Walu\u015b\u2019 offence was born not only of racial oppression but also of the subjugation of political views different from his own.<\/p>\n
\u201cThe sentence must serve to deter any other like-minded people who may contemplate assassinating political opponents with a view of creating chaos or \u2018regime change\u2019 through violence,\u201d Mrs Hani and the party explained.<\/p>\n
Non-profit organisation Families for Lifers has been admitted as an intervening party in the matter along with Tebogo Modise, who is the second intervening party, by the Constitutional Court.<\/p>\n
Families for Lifers is a group of concerned relatives of offenders falling under judgments delivered in matters involving prisoners serving life sentences \u2013Cornelius van Wyk, Paul van Vuuren and Oupa Phaahla \u2013 fighting for their release as they believe their being freed is long overdue.<\/p>\n
loyiso.sidimba@inl.co.za<\/p>\n
Political Bureau<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" THE Constitutional Court will hear Struggle icon Chris Hani’s assassin Janusz Walu\u015b\u2019 latest attempt to be freed after 29 years behind bars on Tuesday, but his application faces stern opposition. Justice and Correctional Services Minister Ronald Lamola, the SA Communist Party (SACP) and Hani\u2019s widow Limpho Hani all want the Polish immigrant\u2019s bid to be […]<\/p>\n","protected":false},"author":1,"featured_media":45587,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[18],"tags":[5129,3484,11120,10960,11118,3004,11119],"class_list":["post-45586","post","type-post","status-publish","format-standard","has-post-thumbnail","category-politics","tag-attempt","tag-chris","tag-concourt","tag-freed","tag-hani039s","tag-killer","tag-lastditch"],"yoast_head":"\n