South Africa: Walus to Remain in Custody
Pretoria — Chris Hani's killer Janusz Walus will remain in custody until the subsequent appeal is finalised, the Department of Justice and Correctional Services said on Tuesday.
Walus wanted to be released immediately on parole pending the outcome of a petition lodged by Justice Minister Michael Masutha to the Supreme Court of Appeal. However, the Gauteng Division of the High Court dismissed the application.
Last month' the Pretoria High Court dismissed the Minister's application for leave to appeal against its order of 10 March 2016 wherein the court had ordered placement of Walus on parole within 14 days.
The Minister then filed for petition to the Supreme Court of Appeal against the refusal by the court.
"When a party has applied for leave to appeal or process an appeal against a court order, the order is automatically suspended pending finalisation of such an appeal unless there are inter alia exceptional circumstances that would persuade the court to lift the suspension and direct that the order be executed while the appeal process is underway.
"In this instance, the court was not convinced that there are exceptional circumstances that warrant lifting of the suspension pending the finalisation of the appeal by Minister," Justice Ministry spokesperson Mthunzi Mhaga said.
Hani was shot and killed by Walus on 10 April, 1993. Walus and his co-conspirator, Clive Derby-Lewis, were convicted of murder and sentenced to death in October 1993, but this was later commuted to life imprisonment.
Derby-Lewis was released on medical parole in June last year.
Walus wanted to be released immediately on parole pending the outcome of a petition lodged by Justice Minister Michael Masutha to the Supreme Court of Appeal. However, the Gauteng Division of the High Court dismissed the application.
Last month' the Pretoria High Court dismissed the Minister's application for leave to appeal against its order of 10 March 2016 wherein the court had ordered placement of Walus on parole within 14 days.
The Minister then filed for petition to the Supreme Court of Appeal against the refusal by the court.
"When a party has applied for leave to appeal or process an appeal against a court order, the order is automatically suspended pending finalisation of such an appeal unless there are inter alia exceptional circumstances that would persuade the court to lift the suspension and direct that the order be executed while the appeal process is underway.
"In this instance, the court was not convinced that there are exceptional circumstances that warrant lifting of the suspension pending the finalisation of the appeal by Minister," Justice Ministry spokesperson Mthunzi Mhaga said.
Hani was shot and killed by Walus on 10 April, 1993. Walus and his co-conspirator, Clive Derby-Lewis, were convicted of murder and sentenced to death in October 1993, but this was later commuted to life imprisonment.
Derby-Lewis was released on medical parole in June last year.
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