Gaye Derby-Lewis protests the non-release of Clive

We have noted Minister of Correctional Services (DCS) minister Masutha’s latest remarks in the press and on television that there is the “possibility” of Clive Derby-Lewis committing fraud and “if any fraud is found, Derby-Lewis will be charged”, declared the minister.

Any old red herring will do to deflect from the fact that Clive Derby-Lewis has terminal cancer, that his lung condition is “inoperable” and that his cancer has spread to his adrenal gland. He should have been granted medical parole, and if there is any fraud in existence, perhaps some people should look in the mirror.

The three reasons given by the Minister for not granting medical parole are spurious.

Firstly, remorse is not a criteria for the granting of medical parole. But for the record, and for the Minister’s edification, Clive expressed remorse publicly during the TRC hearings at the end of the nineties, and this is on public record. Clive asked to speak to Mrs. Hani on more than one occasion and Adv. George Bizos, acting for the Hani family, refused.

Secondly, as far as the so-called fraud is concerned, when Clive entered hospital in 2010 with a gangrenous leg, he was admitted by the Department of Correctional Services under an assumed name! This DCS declared was for security reasons. The name chosen by DCS was either Gerhard or Philippe du Plessis, we can’t remember which.

When Clive was stabbed in March 2013, he was again admitted to hospital and again the assumed name was used under instructions from DCS as journalists were trying to find him by walking around the wards. So this ”fraud” that Clive is supposed to have committed is untrue, and if this current minister had taken the trouble to check with his own department, he would have discovered why the nom de plume was used. He must be very careful what he says – we have sent his remarks to our legal team for further discussion. Calling Clive a fraud is bad, and coming from a minister makes it even worse. We will see what our attorneys say.

In addition, seventeen doctors who are members of the Medical Parole Advisory Board recommended parole for Clive. They take into account everything about his medical history and condition, not only his lung cancer. He has other ailments. The minister is not a doctor, yet he has overruled his own Advisory Board, clearly for political reasons.. These seventeen doctors know the parole legislation perhaps better than the minister and they wouldn’t recommend parole outside these regulations. A P.E.T. scan was ordered by DCS and was carried out by DCS doctors,. two of whom were oncology and lung specialists. The PET scan showed the cancer had spread to the adrenal gland.

It is interesting that none of these doctors questioned the hospital records (some of which were in the name of du Plessis).They were happy with the affidavits signed by the various hospital specialists!

The minister says there are no supporting affidavits relating to this identity question. He said he only received Clive’s affidavit in this regard. Yet I sat in the hospital room with Clive, DCS warders and Dr. N. Ndamase of the DCS Area Commissioner’s Office on 16 January 2015 when she collected the affidavits from the two specialists re the identity question, and purportedly took these affidavits to the Minister’s office via the Area Commissioner’s office. WHAT HAPPENED TO THESE TWO AFFIDAVITS which the non-appearance of which the minister is using as an excuse not to grant medical parole?

It is also significant that Clive applied for normal parole in November 2013 at the same time as Eugene de Kock. De Kock is out and Clive has heard nothing. The application is probably in File 13!

– Gaye Derby-Lewis