Cape Town – The General Council of the Bar (GCB) of South Africa has called on South Africans the nation to respect the rule of law and to uphold the Constitution following a public outcry after Janusz Walus, Struggle icon Chris Hani’s killer, was granted parole on Monday.
Hani was the leader of the South African Communist Party (SACP) and chief of staff of uMkhonto we Sizwe, the armed wing of the ruling ANC.
Hani was gunned down in the driveway of his house on April 10, 1993, in Boksburg, a suburb east of Johannesburg.
The judgment for Walus’s release was granted in the Constitutional Court.
Since the news of his impending release, there have been widespread calls for the judgment to be rescinded.
The Star reported that the EFF rejected the ruling, calling it insensitive and called for Walus to remain imprisoned until his death.
Former ANC NEC member and uMkhonto we Sizwe Military Veterans Association spokesperson Carl Niehaus reiterated his belief that members of the ANC were involved in Hani’s assassination.
Chairperson of the GCB, Myron Dewrance, said the council noted the public reaction but it subscribed to the rule of law as a foundational value of the legal system and South Africa.
“The GCB subscribes to the rule of law as a foundational value of the legal system and South African society.
“As a role player in the administration of justice, the GCB recognises the importance of an independent judiciary; it seeks to promote and uphold the integrity and independence of the judiciary; and, endorses the principle that judgments delivered by its courts be respected.
“The South African Constitution and, in particular, its Bill of Rights, guarantees the right to freedom of expression with the concomitant right to critique judgments of the courts,” Dewrance said in a statement.
However, he said such criticism should be expressed with due deference to the judiciary, consistent with the obligation of civil society to uphold, promote and respect the integrity and independence of the judiciary, and with due regard to the judiciary’s responsibility to interpret and apply existing law impartially without fear or favour.
“The judgment of the Constitutional Court, which ordered Walus’ release on parole, was a unanimous one.
“Gratuitous attacks on the judiciary, and singling out individual justices for gratuitous attack, only serve to undermine the rule of law and the public’s faith in the administration of justice.
“We recognise, and respect that the matter involves the untimely and painful death of an iconic figure in the history of our country – a son, a husband, a father and a friend to many. We respect their pain and sacrifices,” Dewrance said.
The GCB has appealed to South Africans to continue to respect the rule of law and to uphold the Constitution.
robin.francke@inl.co.za
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