In the matter between Clive Derby-Lewis and Minister of Justice and Correctional Services/Mrs. L. Hani/the SA Communist Party concerning Derby-Lewis’s application for prison release on medical grounds (Case No. 78689/2014), the Gauteng High Court ordered, inter alia, that the second and third respondents make a submission to the court no later than January 9, 2015.
Since the TRC hearings in the late nineties, the SA Communist Party, its officials, spokespersons and other sundry commentators such as Tokyo Sexwale, Bantu Holomisa and others have taken it upon themselves to issue regular statements about a so-called “wider conspiracy” and that Clive Derby-Lewis has not “told all” about the Hani assassination in 1993.
The Derby-Lewis family has regularly called upon the SACP to produce the proof of a ”wider conspiracy” and nothing has ever been forthcoming.
Now that Clive Derby-Lewis is terminally ill, the SACP and Mrs. Hani have inserted themselves into a medical-parole application and will make submissions to the court.
On 3 December, Mrs. Hani is reported as saying that Derby-Lewis “did not tell the truth” about her husband’s murder. How does she know this? Her lawyer explained that the crux of his client’s submission is that “this belief (of Derby-Lewis not telling the truth) comes from the trial, the TRC and subsequent proceedings that were brought by Derby-Lewis in seeking parole”. We would like to advise this lawyer that he speaks nonsense. The original trial judgment mentioned nothing about a wider conspiracy. Subsequently, three confidential investigations by none other than the ANC and the SACP (and another agency) came to our attention, and all came to the same conclusion – that there was no wider conspiracy.
The TRC was declared “not a court of law” by none other than its head Bishop Desmond Tutu. On the contrary, it was considered by many to be a biased political witch hunt.
There is no proof whatsoever that there was a wider conspiracy and that Derby-Lewis didn’t tell the truth. We wish to caution the second and third correspondents that if their submission contains assertions of wider conspiracies and no proof is provided, then they are guilty of defeating the ends of justice, and we will lay charges on that basis against them.
This is one time that this fairy story will be challenged in court.
17 December 2014