S v Waluz and Others (70/93) [1993] ZAGPHC 1 (14 October 1993)

S v Waluz and Others (70/93) [1993] ZAGPHC 1 (14 October 1993)

The court found that accused no.1 intentionally killed Chris Hani, supported by direct eyewitness evidence, forensic findings, and possession of the murder weapon. Accused no.2 was found to have conspired with accused no.1, actively promoted the assassination, and knowingly provided the murder weapon, with circumstantial evidence and his failure to testify converting prima facie proof into conclusive proof of guilt. Accused no.3's involvement was limited to procuring the list, which in its original form was not incriminating, and her explanations, though inconsistent, did not exclude reasonable doubt. The unlawful possession of the firearm and ammunition by accused no.1 and no.2 was...

Citation
[1993] ZAGPHC 1
Parties
Applicant: The State; Defendant: Janusz Jacub Waluz; Defendant: Clive John Derby-Lewis; Defendant: Gabrielle Mavourna Derby-Lewis
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
14 October 1993
Case Number
70/93
Procedural Posture
Criminal Trial / Verdict and Conviction
Outcome
Accused no.1 and no.2 found guilty of murder and unlawful possession of firearm; accused no.2 also convicted of unlawful possession of ammunition; accused no.3 found not guilty and discharged.
Judges
Eloff, W van der Linde, D R Lambson
Legal Topics
Murder, Conspiracy, Unlawful Possession of Firearm, Unlawful Possession of Ammunition
Criminal Law Murder Conspiracy Unlawful Possession of Firearm Unlawful Possession of Ammunition

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Parties

The State

Applicant

Janusz Jacub Waluz

Defendant

Clive John Derby-Lewis

Defendant

Gabrielle Mavourna Derby-Lewis

Defendant

Procedural Posture

Criminal Trial / Verdict and Conviction

Legal Issues

  1. 1 Whether accused no.1 unlawfully and intentionally killed Chris Hani.
  2. 2 Whether accused no.2 conspired with accused no.1 to murder Chris Hani and actively promoted the commission of the offence.
  3. 3 Whether accused no.3 was implicated in the murder or conspiracy.

Ratio Decidendi

The court found that accused no.1 intentionally killed Chris Hani, supported by direct eyewitness evidence, forensic findings, and possession of the murder weapon. Accused no.2 was found to have conspired with accused no.1, actively promoted the assassination, and knowingly provided the murder weapon, with circumstantial evidence and his failure to testify converting prima facie proof into conclusive proof of guilt. Accused no.3's involvement was limited to procuring the list, which in its original form was not incriminating, and her explanations, though inconsistent, did not exclude reasonable doubt. The unlawful possession of the firearm and ammunition by accused no.1 and no.2 was...

Court Disposition

Accused no.1 and no.2 found guilty of murder and unlawful possession of firearm; accused no.2 also convicted of unlawful possession of ammunition; accused no.3 found not guilty and discharged.

Orders

  • Accused no.1, Janusz Jacub Waluz, is found guilty as charged on count 1 (murder of Chris Hani) and count 3 (possession of Z88 pistol without a licence).
  • Accused no.2, Clive John Derby-Lewis, is found guilty as charged on count 1 (murder of Chris Hani), count 3 (possession of Z88 pistol without a licence), and convicted on count 4 (illegal possession of five rounds of ammunition).