Most people from my generation and older will remember that awful day when Chris Hani was murdered by Polish national Janusz Waluś. It was a moment that threatened to destabilise the country and plunge it into civil war.
I will never forget how my 11-year-old self felt scared and confused by what was happening as the normally unflappable, militant and committed adults around me, who had dedicated their lives to the liberation of the country along with Hani, despaired and expressed their anguish and grief. Until that day I had never seen my parents visibly shaken by anything.
So I understand what Hani meant to our country’s liberation; in fact, I am a direct beneficiary of his commitment. That is why, every year on 10 April, I reflect on his legacy, how cruelly and prematurely he was taken away, and what role he could have played in our imperfect democracy.
There is no question that what Waluś did was heinous, earning him a death sentence that was converted to a life sentence after the former was abolished. The grief of Hani’s widow, Limpho Hani, is completely justified and I have no sympathy for Waluś.
But vilifying Chief Justice Raymond Zondo and the Constitutional Court for granting Waluś parole is wrong and inflammatory, and displays a lack of understanding of our Constitution and legal system.
Our law says everyone is equal before it and the law is to be applied consistently; it cannot be individualised.
We must also not lose sight of the essence of the judgment, which is that Justice Minister Ronald Lamola’s decision to refuse Waluś parole was irrational and contradictory. In fact, the judgment reveals that Lamola is the one who listed factors in Waluś’s favour, such as remorse, a low chance of reoffending and a positive report from social workers.
So Lamola contradicted himself by denying Waluś parole in his clumsy rush to ensure that he never sees the light of day for political, and not legal, reasons. It was not the court that claimed Waluś was remorseful – Lamola made the case for this.
Read in Daily Maverick: “Our politicians and government are failing us, but we can find hope in community”
We cannot deny the intersection of law and politics in South Africa, where our political history inherently shaped our Constitution with its heart principles of equality, the rule of law, fairness and justice.
Speaking about Waluś’s parole, Gauteng premier Panyaza Lesufi said: “We feel betrayed, we feel let down and we can’t leave this unattended.” The question is by whom exactly does Lesufi feel “betrayed” and “let down”? It is dangerous and irresponsible, especially for someone occupying such a senior position in government, to try to whip up people’s emotions in this way.
In an article written by professor emeritus of public law Hugh Corder in which he addressed Tourism Minister Lindiwe Sisulu’s utterances against the judiciary in January this year, he cautions: “Those who would destroy the rule of law and its enforcer, the judiciary, should ask themselves: to whom will I turn for protection if I find myself on the wrong side of political power?”
Corder rightly warns against arbitrarily besmirching judges and our Constitution without understanding the legal principles involved, and without providing a progressive alternative. DM168
This story first appeared in our weekly Daily Maverick 168 newspaper, which is available countrywide for R25.
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We should be thanking our Chief Justice and Concourt for not allowing the ANC government to treat the despicable Walus in the same barbaric, savage manner that the Nationalist government applied against Verwoerd’s assassin, Tsafendas. We should be celebrating that progress, at the very least.
Agree fully. We are blessed to have a Judiciary and Constitution that consistantly enables civilized and wise application of the Rule of Law. Janus Walus has paid the penalty for his horrific crime and must be paroled. Hopefully he will see out his parole in Poland…. South Africa will be well rid of him!
The writer is 100% correct – emotional outbursts by senior politicians are irresponsible. Although he committed a terrible crime, the law has to be applied correctly, and Walus has done his time. There are many others who committed politically motivated murders in the 80s and 90s, some of whom did minimal jail time – Robert McBride being an obvious example.
Just wondering if anyone was convicted and jailed for the death of “Stompie” and other young members of Winnie Mandela’s football Club?
In answer to the question “to whom shall we turn for protection… ” … the answer is quite simple – Dali Mpofu … who has and continues to make an ass (or is it arse ?) of the law !!
Regarding Lamola’s role in this matter… on needs to remember that he is a deployed ‘cadre’ … who does not know how to be ‘independent’ of that dubious privilege in legal matters !
And we hear nothing from Ramaphosa. Not even a tiny squeak. There is one person in the country whose job description is embedded in the Constitution – the President. He should try reading it, particularly Chapter 5 which deals with the job of the President. It’s not very long. In fact he could probably learn it quickly by heart. He should pay particular attention to paragraph (b) of the first section as set out below. It contains the word ‘must’. Which is not maybe. Or next year. Or only if all cadres in the ANC agree. So when a member of the executive he appointed has a full go at judges and at the Constitution, he is obliged to act. If he does nothing, he is in blatant neglect of his sworn duty.
The President—
(a) is the Head of State and head of the national executive;
(b) must uphold, defend and respect the Constitution as the supreme law
of the Republic; and
(c) promotes the unity of the nation and that which will advance the
Republic.
It is a simple as the con court does not make the law. It simply interprets the constitution and applies it to the arguments presented. That is why Jakob must go back to jail.
i am afraid that a huge problem in this country is the insight to separate politics from other institutions. i trust it is because of ignorance and not nefarious reasons. although at times i doubt that it is the former especially where so called leaders of the country and political parties are concerned. we all know that the ANC cannot discern between government and ANC. they see, or saw both as the same thing. whether they have woken to reality since their poor performance and the rise of other political parties, i don’t know. it is clear that some, or many politicians, not only ANC, only support the judiciary when it suits them. it seems as if they have at heart the intention to sow seeds of discontent and cast shadows on its independency. i found mantashe’s statement that chief justice Zonde is also cadre deployment particularly disturbing . Sukiswa Pikoli, your article is excellent. are you in any way related to one of my heroes, both as a legal and upright citizen, as well as a member of the struggle? whose reward was that his name was besmirched by those very same comrades because he would not bend the knee regarding prosecuting zuma ( nogal by none other than thabo mbeki) and their ensuring that he was denied any employment in the private sector after he was “forced” out due to doing an excellent job. lastly, i agree with the comments below, assisting in broadening my knowledge. Richard, your pointing out the responsibility incumbent on the president according to the Constitution is very relevant. but is it surprising in the light of what the Executive and ANC mp’s have done all along. serving all but the vow they took. it is my contention that sadly not enough, if any, is done in promoting unity in the nation in the space of divisionary politics in our country….