According to media reports, the SACP insists that Janusz Walus discloses the names of the persons who allegedly gave the order for the murder of Martin Thembezile (Chris) Hani; these statements further state that it is well known that the army and the national intelligence service had planned the assassination of Chris Hani and other ANC / SACP-leaders.
The way in which the parole of Janusz Walus is approached by the ANC / SACP-alliance in general and media reports in particular, raises the question of what weight the relevant provisions of the Constitution, law, justice as well as ethical and moral principles in South Africa carries?
The conclusion paragraph of the Interim Constitution, which is also the basis for the current Constitution, inter alia reads as follows:
The way in which the parole of Janusz Walus is approached by the ANC / SACP-alliance in general and media reports in particular, raises the question of what weight the relevant provisions of the Constitution, law, justice as well as ethical and moral principles in South Africa carries?
The conclusion paragraph of the Interim Constitution, which is also the basis for the current Constitution, inter alia reads as follows:
"In order to advance such reconciliation and reconstruction, amnesty shall be granted in respect of acts, omissions and offences associated with political objectives and committed in the course of the conflicts of the past…"
The investigation into the murder of Chris Hani has been done in a professional, thorough and transparent manner. Adv. Klaus von Lieres und Wikau, at the time the Attorney General of the Witwatersrand, allocated a member of his staff, the well-known advocate, Gerrie Nel, to assist with the investigation. As an independent observer, a foreign detective from Scotland Yard, Commander C. Coleman of Scotland Yard was attached to the investigating team. He was appointed to continually monitor the course of the investigation. During the investigation no evidence whatsoever came to light, neither during the subsequent criminal trial nor during the amnesty hearing, that with the exception of Clive Derby-Lewis, Janusz Walus and Gaye Derby-Lewis who were prosecuted for the murder, any other person or entity was involved in this murder.
The ANC / SACP-alliance managed to compile the provisions of the Act on the Promotion of National Unity and Reconciliation is such a way, that the amnesty process could be used as a political football. Consequently Clive Derby-Lewis and Janusz Walus have been refused amnesty for the murder of Chris Hani amnesty.
In contrast, the late Mr Hani was a hardened communist who publicly supported the ghastly necklace murders which were widely condemned as inhumane and barbaric. Amnesty has been granted to four APLA members who mowed down defenceless worshipers, including women and children, in the St. James Church in Kenilworth in Cape Town using AK-47 rifles and hand grenades. Mr. Letlapa Mphahlele, who at the time was the president of the PAC and who ordered the attack, was initially prosecuted for the murders, but the case was struck from the roll and disappeared into oblivion. The National Prosecuting Authority has so far not lifted a finger to proceed with this prosecution. Mr. Mphahlele has publicly declared on TV that he refuses to apply for amnesty for the incident.
Although damning evidence is available to prosecute certain members of the NEC of the ANC for several murders, including the killing of defenceless women and children, among others, arising from the Church Street-, Ellis Park and Amanzimtoti bomb incidents, the National Prosecuting Authority have not in these cases taken any steps to prosecute the alleged offenders known to the Police. In contrast, several leaders of the National Party, generals and other former members of the Defence Force and Police were prosecuted and are still being prosecuted.
We plead for equality before the law!
JOHAN BOTHA
CHAIRMAN
FOUNDATION FOR EQUALITY BEFORE THE LAW
The ANC / SACP-alliance managed to compile the provisions of the Act on the Promotion of National Unity and Reconciliation is such a way, that the amnesty process could be used as a political football. Consequently Clive Derby-Lewis and Janusz Walus have been refused amnesty for the murder of Chris Hani amnesty.
In contrast, the late Mr Hani was a hardened communist who publicly supported the ghastly necklace murders which were widely condemned as inhumane and barbaric. Amnesty has been granted to four APLA members who mowed down defenceless worshipers, including women and children, in the St. James Church in Kenilworth in Cape Town using AK-47 rifles and hand grenades. Mr. Letlapa Mphahlele, who at the time was the president of the PAC and who ordered the attack, was initially prosecuted for the murders, but the case was struck from the roll and disappeared into oblivion. The National Prosecuting Authority has so far not lifted a finger to proceed with this prosecution. Mr. Mphahlele has publicly declared on TV that he refuses to apply for amnesty for the incident.
Although damning evidence is available to prosecute certain members of the NEC of the ANC for several murders, including the killing of defenceless women and children, among others, arising from the Church Street-, Ellis Park and Amanzimtoti bomb incidents, the National Prosecuting Authority have not in these cases taken any steps to prosecute the alleged offenders known to the Police. In contrast, several leaders of the National Party, generals and other former members of the Defence Force and Police were prosecuted and are still being prosecuted.
We plead for equality before the law!
JOHAN BOTHA
CHAIRMAN
FOUNDATION FOR EQUALITY BEFORE THE LAW
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