The assassinated anti-apartheid hero Chris Hani. Photo by WALTER DHLADHLA / AFP)
Does our justice system still offer justice? One pondered this after the Constitutional Court (ConCourt) judgment on Monday granted parole to the killer of the former South African Communist Party (SACP) general secretary, Chris Hani.
On 10 April, 1993, when Hani was assassinated by Janusz Walus, South Africa almost lost its chance to be a free and democratic state.
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I was among the angry masses at FNB Stadium in Soweto during Hani’s funeral service on 18 April, 1993, when Nelson Mandela appealed for calm on the eve of democratic elections in 1994.
But as of now in the democratic state, those who have been entrusted with serving in the judiciary seem to be oblivious to that history.
In a democratic society, it would be expected that our apex court would uphold justice and be on the side of the defenceless. But many were greatly disappointed.
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On Monday, we were once again reminded of the apartheid dark days in the justice system. The ConCourt granted parole to Hani’s killer.
On its own, this act serves as a reversal of the gains of democracy. Hani was a man who dedicated his life to the so-called democracy that is now betraying him and what he died for. A believer in justice has now been denied his belief.
The judgment by Chief Justice Raymond Zondo is totally insensitive to the pain of Hani’s family. Through the judgment, he has opened and put salt on the wound of our history.
Through the very same ConCourt that is supposed to defend Hani’s widow, Limpho, he has now become the cause of her insurmountable grief. And one is left to wonder what happened to justice being the cornerstone of our justice system.
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Walus is expected to be integrated into our society, yet he has never showed any remorse or sought forgiveness to warrant him that privilege.
Even though he qualifies for parole in terms of the law, he doesn’t deserve it; he should stay in prison until he dies. A man who didn’t believe in the new South Africa should be at least grateful that his death sentence was commuted to life imprisonment.
After Justice and Correctional Services Minister Ronald Lamola denied Walus parole in 2020, the only right thing that the ConCourt should have done was to support the decision and side with the High Court in Pretoria and the Supreme Court of Appeal in acknowledging that Walus must bear the cross for his actions until he makes a full confession.
But the ConCourt has now compromised our justice system. The judgment has paved way for our society to lose confidence in the judiciary. Zondo has made it possible for our justice system to be undermined.
To ordinary citizens, it will seem as if now our justice system is in the hands of the privileged.
One is led to say this because former president Jacob Zuma was sentenced to jail in 2021 for failing to appear at the Commission of Inquiry into State Capture – and his sentencing was upheld on Monday.
But the man who robbed South Africa of a rising star walks free. Our ConCourt judges should be ashamed of themselves.
The judgment has spat in the face of democracy, nation building and the reconciliation that Mandela preached about.
As SACP general secretary Solly Mapaila highlighted, this is truly one example of injustice being practised in a place of justice.
In the words of Hani, who was also chief of staff of uMkhonto we Sizwe: “What we need in South Africa is for egos to be suppressed in favour of peace.
“We need to create a new breed of South Africans who love their country and love everybody, irrespective of their colour.”
But, unfortunately, those granted the honour to lead our justice system have chosen their egos in favour of peace. By this, the blood of the people’s hero has been wasted in vain.
Who would have thought that the revolutionary Hani would be killed for the second time by a ConCourt he dedicated his life for?
What a time to be living in South Africa.
READ MORE: ‘Karma will deal with them all’ – Hani’s widow furious with judges after Waluś given parole
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