Issued by: Truth and Reconciliation Commission
The Amnesty Committee of the Truth and Reconciliation Commission today refused amnesty to the two killers of Mr. Chris Hani.
Janusz Walus and Clive Derby-Lewis on 10 April 1993 shot and killed Mr. Hani in the driveway of his home, Dawn Park in Boksburg. Walus had been reconnoiting the Hani home for some time prior the incident with a view to excecuting the plot to assassinate him, which was devised by Walus and Derby-Lewis.
The Committee found that both applicants failed to make a full disclosure and political motivation in respect of any of the relevant and material issues set out in the Act.
"In all circumstance, we are not satisfied that the applicants comply with the requirements of the Act, in particular the provisions of Section (20) (2) (a) thereof. The applicants, moreover, failed to make disclosure as set out.
"It is common course that the applicants were not acting on their express authority or orders from the Conservative Party which they purport to represent in assassinating Mr. Hani. The CP has never adopted, propagated or espoused a policy of violence or assassination of political opponents."
The Committee found that it was clear the two were not acting within the course and scope of their duties or express authority from CP in assassinating Mr. Hani. " The clear evidence of Dr. Hartzenberg negated any claim that the public utterances of the CP leadership constituted implied authority for the assassination.
"It would in any event be futile for the applicants to rely on such a claim, given the fact that they were both active CP members acquainted with the party structures and constitution as well as the policy of non violence. Derby-Lewis in particular was part of the CP leadership and national decision making structure and cannot reasonably rely on the utterances of his colleagues for the inference that the applicants has implied authority from the CP for the assassination."
The Committee maintains that Walus and Derby-Lewis also failed to discuss their intended actions with any other figure of authority or structure within CP. On whether or not Walus acted on orders from Derby-Lewis the Committee found that it was abundantly clear from the record that Walus was not acting as a mere functionary.
"He had a clear understanding of the political situation and was active in rightwing politics. He was clearly actuated by his personal desire to stop the communist from taking over the country. He participated fully in political discussions and hatching the plot to assassinate Mr. Hani.
"Walus was under no duress or coercion and executed the plan as he deemed fit. In fact, Derby-Lewis indicated that he was taken by surprise by the timing of the assassination and that he actually needed some more time to consider the planned attack upon Mr. Hani.
"There is no suggestion that he was ever previously ordered by the CP to commit any unlawful acts, let alone commit murder".
The committee was satisfied that Walus was a co-conspirator and that he was merely acting on orders from Derby-Lewis. With regard the role of Mrs. Derby-Lewis in the assassination the committee said, "we do not regard it as strictly necessary to finally decide on the issue concerning the role of Mrs. Derby-Lewis and according declined to do so. However, the committee found the list of names prepared by her was a hit list.