Waluś must serve his parole period in SA – Motsoaledi

Home affairs minister Dr Aaron Motsoaledi says Chris Hani's killer Janusz Waluś has been granted an exemption to serve out his parole period in SA.

At the time of publishing it was not yet clear how long this period would be, considering that Waluś was serving a life term.

Motsoaledi said the exemption was granted in 2020 during Waluś's previous attempts at being granted parole.

In a statement, Motsoaledi said the exemption granted to Waluś contains a condition that he may not use any travel document and/or passport issued by the embassy of Poland to leave SA.

"The minister has granted Waluś an exemption in terms of section 31(2)(b) of the Immigration Act 13 of 2002, the rights of permanent residence for the parole period and conditions to be imposed by the minister of justice and correctional services.

"The minister granted the exemption in order for Waluś to serve his parole period in SA and the exemption contains a condition that he may not use any travel document and/or passport issued by the embassy of the Republic of Poland," Motsoaledi said.

He said a certificate of exemption had been forwarded to justice and correctional services minister Ronald Lamola and to Waluś.

Motsoaledi said Waluś serving out his parole in the country would be in the interest of justice.

Sowetan’s sister publication, The Sunday Times, at the weekend reported that there were still questions about his SA citizenship, which his lawyer, advocate Roelof du Plessis, said was revoked in 2017.

Waluś was officially naturalised in 1987 after arriving in SA in 1981.

A week ago, the Constitutional Court set aside the decision of Lamola to refuse him parole and ordered Waluś’s release within 10 days. The order has been met with outrage from Hani’s family and comrades.

Waluś has spent the past 28 years in prison and was denied parole on four previous occasions.

He and Clive Derby-Lewis were sentenced to death for the murder, but after the abolition of the death penalty their sentences were commuted to life imprisonment.

"The department of home affairs would not be involved in any deportation process of Waluś to the Republic of Poland. The department’s stance is that Waluś must serve his parole period in SA as part of his sentence.

"It is clear from the media reports that the embassy of the Republic of Poland believes that if Waluś is deported to Poland, he won’t serve any parole in the Republic of Poland because the Constitutional Court judgment is not binding in that country.

"The minister of home affairs further believes that the heinous crime committed to the people of SA by murdering one of the icons of the liberation Struggle makes it obligatory that Waluś must serve his parole period as part of sentence in the Republic of South Africa," Motsoaledi said.