Minister’s press statement on the exemption granted to Janusz Jakub Walus
28 November 2022
In line with the undertaking made by the Minister of Home Affairs (“Minister”) and accepted by Mr Janusz Walus during the High Court proceedings in November 2020, the Minister has granted Mr Walus an exemption in terms of section 31(2)(b) of the Immigration Act 13 of 2002, the rights of permanent residence for the parole period and conditions to be imposed by the Minister of Justice and Correctional Services.
The Minister granted the exemption in order for Mr Walus to serve his parole period in South Africa and the exemption contains a condition that Mr Walus may not use any travel document and/or passport issued by the Embassy of the Republic of Poland.
The letter addressed to Mr Walus and a certificate of exemption have been forwarded to the Minister of Justice and Correctional Services to be delivered to Mr Walus.
The letter set out the exceptional circumstances requiring the granting of the exemption which, inter alia, include the fact that it would be in the interests of justice that Mr Walus serves his sentence to the fullest, including parole in the Republic of South Africa.
The Minister notes the media speculation that Mr Walus would serve his parole period in the Republic of Poland. In light of the exemption issued by the Minister, this speculation cannot be correct and the Department of Home Affairs (“DHA”) would not be involved in any deportation process of Mr Walus to the Republic of Poland.
The DHA’s stance is that Mr Walus must serve his parole period in South Africa as part of his sentence.
It is clear from the media reports that the Embassy of the Republic of Poland, believes that if Walus is deported to Poland, he won’t serve any parole in the Republic of Poland because the Constitutional court judgement is not binding on that country. The Minister of Home Affairs further believes that the heinous crime committed to the people of South Africa by murdering one of the icons of the liberation struggle makes it obligatory that Mr Walus must serve his parole period as part of sentence in the Republic of South Africa.
Statement issued by Bongi Gwala, Head of Communication: Department of Home Affairs, 28 November 2022
