ANC Parliamentary Caucus’ statement on the Constitutional Court’s judgment setting aside the Minister of Justice’s decision to deny parole to Chris Hani’s assassin

29 November 2022

The ANC Parliamentary Caucus would like to add its voice to the millions of voices of South Africans and progressive people worldwide who have expressed their disappointment at the Constitutional Court judgment delivered on Monday, 21 November 2022, setting aside the decision of the Minister of Justice and Correctional Services to deny parole to Chris Hani’s Assassin, Janusz Waluś.

The ANC Parliamentary Caucus accepts the foundational principles of our Constitution, including the principle that everyone is equal before the law. We are also conscious of our oaths or affirmations to be faithful to the Republic of South Africa and to obey, respect, and uphold the Constitution and all other laws of the Republic. We also respect the doctrine of separation of powers and the Constitutional Court as the final arbiter in all legal disputes.

However, as citizens of South Africa and members of the National Liberation Movement led by the ANC, we are saddened by the fact that an unrepentant murderer of the hero of our struggle will walk free. We are hurt because, even to this day, right-wing elements  in our country continue to inflict pain and humiliation on the majority of the people of South Africa who are black. In this regard, we condemn the criminal acts of vandalism at the memorial site of Chris Hani in Boksburg.

The majority of South Africans accept the Freedom Charter and the constitutional principle that South Africa belongs to all who live in it, black and white. The South African constitutional project is founded on the values of human dignity, achievement of equality, advancement of human rights and freedoms, non-racialism and non-sexism. 

All these values continue to be assaulted by counter-revolutionary right-wing groups who identify with the same doctrine of hate championed by Chris Hani’s murderer Janusz Waluś, Clive Derby-Lewis, and other still unknown co-conspirators.

The ANC Caucus condemns the statements by white supremacist and Neo-Nazi groups in Poland that have hailed Waluś’ release on parole. These groups have shown complete disregard for South Africa’s sovereignty and a lack of sensitivity to the pain of oppression suffered by indigenous people during the centuries of colonial and apartheid misrule.

As members of the ANC and Alliance formations, we support the joint national programme of action as part of exercising our rights to freedom of expression, including protest action within the framework of our democratic dispensation on any matter or decision made by any authority, arm of the state, or third person in our republic. 

ANC Members of Parliament and staff will participate in a peaceful demonstration at Parliament, at 09:00 – 09:45 on Wednesday, 30 November 2022, and other activities planned by the Alliance in solidarity with Chris Hani’s widow, Limpho, their children, the entire Hani family, and progressive individuals and groups who share in the pain caused by the Constitutional Court’s judgment.

The ANC Caucus pledges to the people of South Africa that we will perform our  responsibilities as lawmakers to strengthen the laws that govern the granting of parole within the framework of the Constitution. We will also bring to the 55th National Conference of the ANC draft resolutions calling for the review of our criminal justice system to enhance the protection of the rights of victims of crime and their families.


For enquiries, contact:

Luthando Nogcinisa

Advisor to the Chief Whip

076 385 1440