Media statement re judgment of the Constitutional Court in respect of Janusz Walus

25 November 2022

The GCB notes the public reaction in the media pursuant to the judgment of the Constitutional Court which found that Janusz Walus, the murderer of freedom fighter Chris Hani, is entitled to be released on parole.

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.

However, 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.

We appeal to all South Africans to continue to respect the rule of law and to uphold the Constitution.

Issued by Myron Dewrance, Chairperson, General Council of the Bar of South Africa, 25 November 2022