Convicted murderer Janusz Waluś, who served time in South Africa, may appear on the electoral lists of Grzegorz Braun’s Confederation party, raising questions about Polish law.
Legal Loopholes and Waluś’s Eligibility
Speculation is growing regarding the possibility of Janusz Waluś, convicted of murder and sentenced to life imprisonment abroad, appearing on the electoral lists of the Confederation Korony Polskiej, led by Grzegorz Braun. Legal experts agree that a loophole exists in Polish law that could allow such a candidacy.
Experts consulted by DGP (a Polish daily) concur that the final conviction Waluś received in the South African court does not formally preclude him from running for the Polish parliament. The fact that the verdict was issued by a court outside the European Union complicates the situation.
Concerns Over Justice and Legal Framework
Wojciech Hermeliński, a retired Constitutional Tribunal judge and former Chairman of the National Electoral Commission, commented that it would be deeply concerning if a person convicted of murder in another country could run for parliament while someone convicted in Poland could not. He believes this would contradict the sense of social justice, though it is not currently regulated by law.
Calls for Stricter Regulations
Hermeliński believes Polish regulations should be updated to include ethical considerations and a requirement for candidates to demonstrate impeccable character, similar to the standards applied to judges. He argues that simply being free of a criminal record under Polish law is insufficient.
Waluś’s Background and Return to Poland
Janusz Waluś, now 73, was a Polish immigrant and activist associated with the Afrikaner Resistance Movement, which sought to maintain racial segregation. In 1993, he was convicted of murdering Chris Hani, a leader of the South African Communist Party and a member of the armed wing of the African National Congress (ANC).
The murder of Hani, a prominent anti-apartheid activist, escalated tensions during negotiations to end racial segregation, but did not halt democratic reforms. Waluś was initially sentenced to death, but this was commuted to life imprisonment after the abolition of the death penalty in South Africa. He was eventually released early from prison, renounced his South African citizenship, and returned to Poland at the end of 2024.
Braun’s Association and Potential Candidacy
Waluś has been seen in public with Grzegorz Braun, leading to speculation that the Korona party may nominate him as a candidate in the upcoming parliamentary elections.
Constitutional Restrictions and Extradition
The Polish constitution prohibits individuals convicted by Polish courts from running for office. However, the legal situation regarding convictions obtained abroad is less clear. Hermeliński clarifies that the constitutional provision only applies to convictions issued by Polish courts.
Zbigniew Krüger, an attorney at KRÜGERLEGAL, confirms that a final conviction by a South African court does not prevent Waluś from running for parliament in Poland. He adds that the situation would change if Waluś were to be tried and convicted by a Polish court upon his return.
Possibility of Retrial in Poland
According to Article 114 of the Polish Penal Code, a foreign conviction does not preclude the initiation or continuation of criminal proceedings for the same offense in a Polish court.