The assassinated anti-apartheid hero Chris Hani. Photo by WALTER DHLADHLA / AFP)
Two things happened this week that got right-thinking South Africans frothing at the mouth.
The first was the release of Janusz Waluś, the man whose killing of SA Communist Party leader Chris Hani on 10 April 1993 brought this country to the brink of a racial civil war.
The second was the judgment handed down by the Supreme Court of Appeal that former president Jacob Zuma’s release on medical parole, two months after he had begun serving his two-year sentence for contempt of court, was unlawful.
South Africans love manufactured anger.
The release of Waluś has been on the cards for several years since he has been legally eligible for parole as per the constitution.
ALSO READ: ‘Unrepentant Janusz Waluś must rot in jail,’ says SACP’s Solly Mapaila
Just to be clear, Waluś, who also applied for amnesty at the Truth and Reconciliation Commission on the basis that his killing of Hani was politically motivated had been initially sentenced to death. But that was commuted to 25 five years in prison as per the law at that time.
Over the years that he has been eligible for parole, the justice and constitutional development department and the Hani family, led by his widow Limpho, have sought to keep him in prison by opposing his applications on the basis that he had not made full disclosure of who he had collaborated with.
Hani’s murder is a deep, painful scar that will never disappear from the memories and political consciences of any peace-loving South African.
Besides nearly scuppering the negotiations process then underway, it deepened the divide that existed between a certain section of the white population and the black people in this country.
There is genuine belief in sections of the black population that some white people who actually benefitted from Hani’s peaceful approach to negotiations secretly celebrate his death. Which is why even Gauteng premier Panyaza Lesufi went public, saying the release of Waluś is a miscarriage of justice.
Some went as far as juxtaposing the ruling that Walus must be released on parole with Zuma’s judgment that he must return to jail. Again, the cry is it is a miscarriage of justice that a former freedom fighter, Zuma, is sent to jail, while the killer of a freedom fighter, Waluś, is ordered to be released from jail.
And the lament is that the judiciary is doing the bidding for President Cyril Ramaphosa’s “white handlers”.
ALSO READ: ConCourt orders Lamola to release Janusz Waluś on parole
This juxtaposition and conspiracy theories could not be further removed from the truth. The truth is the party of Zuma – the ANC – negotiated a settlement and a constitution that stipulates that any South African prisoner qualifies for parole at a certain point during their serving of a life sentence.
This law was not enacted by the judiciary or Ramaphosa on his own, but by all the parties that took part in drawing up the constitution.
That the law turns out to be hurtful to sections of our society, or contributes to the miscarriage of justice, is not a matter that can be blamed on the Supreme Court of Appeal.
It is even more mischievous to juxtapose Zuma being sent back jail and Waluś’ release. It is on record that Zuma undermined the constitution that he brought into being; the constitution that is now sending Waluś out of prison.
No amount of manufactured anger will change that truth and make the judiciary culprits.
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