Janusz Walus free to leave for Poland after parole, says legal expert
Criminal law expert at the University of Pretoria Llewelyn Curlewis says convicted murderer Janusz Walus will be free to return to Poland after two years if he complies with his parole conditions.
Walus was officially released on parole on Wednesday after serving 28 years of a life sentence for murdering then-SACP leader Chris Hani in 1993.
His release follows a Constitutional Court ruling, which ordered the government to release the Polish immigrant on parole.
Minister of Home Affairs Aaron Motsoaledi subsequently granted him permanent residence to allow him to serve his parole period in South Africa.
In a statement released on Wednesday, the Department of Justice and Correctional Services said he will only serve two years under community corrections in line with the parole regime upon which he is released.
His release has been slammed by many South Africans and various political parties including the ruling party and the SACP.
Curlewis says Ministry of Justice and Correctional Services Ronald Lamola had to be guided by previous case laws when determining the conditions of Walus's release.
"It is exclusively the prerogative of the Minister of Justice and Constitutional Development and the Commissioner of Correctional Services to decide on the parole conditions. Although there is no limitation with regard to the timeframe attached to it, we have in the South African system and law precedence. In other words, it must be on par with related matters that have been done in the past.
“The minister and the commissioner will typically look at comparable in the past to ensure that there is uniformity in the application of the parole condition because if that doesn't happen, the legal team of Walus will immediately apply for a review of that decision of the minister and the commissioner as irregular and unconstitutional.
“Because then obviously, they treat him differently in comparison to similar situations and parolees, so that is usually the criteria," says Curlewis.
He adds: "A period of two years, I think that is a very sound comparable if one looks at similar situations in the past. It is not uncommon, even though the family members and the public might not be happy with it or criticise it, ultimately he would have served 29 years. With another two years over his head we are looking at 31 years, which is longer than most other offenders may have served for a similar offence in the past,"
Curlewis says the family can't review the decision which makes him a free man once his parole has elapsed.
"This is an exclusive prerogative of the executive. The last time the family had any say was when the parole board invited the family members to give their view on the possibility of parole, so that time has come and gone.
“The family will probably never be happy over any period of parole less than the rest of his life, they weren't even happy with the release in the first instance.
"There is nothing to hold him on once his parole has elapsed and the parole conditions have been met to the letter. Then he is a free man like any other person that served his time.
“In this instance, because he is a Poland citizen, they can welcome him back to his own country once he has completed and satisfied all the conditions that have been set.”
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