ANC-lawyer tries to keep terminally ill Derby-Lewis in jail

Justice Minister Michael Masutha acted in accordance with the law when he denied terminally-ill Clive Derby-Lewis parole, the High Court in Pretoria heard on Monday.

“We submit that the decision by the first respondent [Justice Minister Michael Masutha] was a rational decision taken in accordance with the law in consistency with the requirements of the controlling legislation,” advocate Marumo Moerane SC, representing Masutha, told Judge Selby Baqwa.

Moerane was responding to an urgent motion launched by Derby-Lewis, who is seeking release on medical parole.

The lawyer said Masutha’s decision should not be reviewed or set aside through the judicial process.

“It is common cause the applicant is suffering from a terminal disease that is lung cancer which is inoperable with marginal response to concurrent chemotherapy and radiotherapy,” said Moerane.

“We submit that however there is no failure of chemotherapy or radiotherapy. There is just marginal response.”
Among other reasons for denying parole, Moerane said Masutha was of the view that Derby-Lewis had not shown remorse “for his heinous act”.

Baqwa then asked Moerane to explain how Derby-Lewis’s repeated apologies could be discounted.

“At what stage does one say a person has been remorseful? He [Derby-Lewis] has said so and that is as much as he can say. On what basis does the minister discount the expressions put in front of him,” said Baqwa.

Moerane responded: “The first respondent was not satisfied that the applicant has shown remorse for the crime committed by him. The first respondent was accordingly not satisfied that the requirement in the [Correctional Services] Act was met for purposes of placement on medical parole”.

“Our broad submission is that the applicant was just paying lip service to remorse. To use a colloquilism, they say talk is cheap. The proof of the pudding is in the eating.”

Earlier on Monday, Derby-Lewis’s representative advocate Roelof du Plessis narrated his dying client’s condition.

“The recommendation of the medical parole advisory board refers to a stage 3b cancer of the right lung with probable or inconclusive spread to the left adrenal glands, is inoperable and there is marginal response to concurrent chemo and radiotherapy with poor prognostic features,” said Du Plessis.

“The medical aid parole advisory board took into consideration the age and gender of the patient because men die earlier than women currently, my lord. They took into consideration the history of the tumour and co-mobilities, hypertension, congestive cardiac failure, prostate cancer which is in remission, skin cancer and on the basis of that they eventually recommended medical parole.”

Derby-Lewis is currently serving a life sentence for his role in the assassination of SA Communist Party (SACP) leader Chris Hani in April 1993 and has repeatedly been denied parole.

“This case is about a terminally-ill man who wants to die among his family and friends,” said Du Plessis.
Du Plessis argued that Masutha should have implemented the recommendation of the board and released Derby-Lewis.

In January, Masutha had announced that there were several problems with a medical parole bid by Derby-Lewis.

“There is nothing to suggest that Mr Derby-Lewis’ condition is such that he is rendered physically incapacitated as a result of injury, disease or illness so as to severely limit daily activity or self-care,” Masutha said at the time.

Masutha told reporters in January that the medical parole board had recommended that Derby-Lewis be released.

“In making my decision [to decline parole] I took into account the applicable legislation, recommendations made by the board as well as the submission made by Mrs Hani and the SACP,” the minister said at the time.

Masutha said the parole board indicated that Derby-Lewis suffered from stage three b cancer of the lung.

“This finding and recommendation appears to be oblivious of the fact that in the Act, read with relevant regulations, it is an inmate with malignant cancer stage four with metastasis, being inoperable or with both radiotherapy and chemotherapy failure that qualifies,” he had said.

“The rationale of the board’s conclusion in this regard is, on the face of it, difficult for me to comprehend.”

Hani’s widow Limpho sat attentively in court, a row ahead of Derby-Lewis’ wife Gaye.

The matter continues on Tuesday.

Source: ANA

Derby-Lewis will not be home for Christmas

Limpho Hani and the SACP officially entered the fray as respondents in the urgent application launched by Clive Derby-Lewis for his release on medical parole.

While it is certain that Derby-Lewis, who has been in the Eugene Marais Hospital since April this year, will not be home for Christmas, he will know his fate by the end of January.

Judge André Louw sitting in the high court in Pretoria, on Tuesday added the late SACP general secretary Chris Hani’s widow and the party itself as respondents in the 78-year-old Derby-Lewis’s latest bid to be released on parole.

Hani attended the court proceedings on Tuesday, but declined to speak to the media. Her lawyer, Mopane Thaanyane, however said it was important for her to join the proceedings and to have a say in the application.

Asked whether she was opposed to the release of Derby-Lewis, Thaanyane said “only she will be able to say”.

He added that neither she, nor the SACP, had yet had access to Derby-Lewis’s medical records and being a party to the proceedings would make this possible.

While the lawyer would not commit himself on whether they would oppose the application or not, he said the Hani family had since the murder maintained that Derby-Lewis hadn’t revealed the full truth about the assassination.

“They would like him to say more about what happened,” Thaanyane said.

Their complaint about a “full truth not yet revealed” however is said to be cheap ploy to keep Derby-Lewis in prison.

Many maintain that Derby-Lewis is in fact innocent. Chris Hani was gunned down on April 10, 1993, by Polish immigrant Janusz Walus, and not by Derby-Lewis.

While Derby-Lewis had provided Walus with a firearm, Walus had previously stated that he intended to use it in self-defence.

In terms of an agreement between his lawyers and Justice and Correctional Services Minister Michael Masutha, the minister must consider his medical parole by January 31. The minister must on this date also provide his reasons for his decision.

The Medical Parole Advisory Board will consider all Derby-Lewis’s medical reports by December 10 and provide its recommendations to the minister by December 15.

This is the same day on which it will have to make recommendations regarding the possible release of Eugene de Kock on parole.

Derby-Lewis’s application says that he is old and needs frail care, which he will not receive in prison. He has remained in hospital for the past seven months, after he was stabbed in jail by a fellow inmate.

His health has deteriorated to such an extent that he is even too weak to receive surgery.

Coertze said Derby-Lewis suffers from a range of ailments, and his one lung was riddled with cancer.

He said they realised that the Hani family had the right to have a say in his release and thus did not oppose the application.

Hani family feud heats up too

Chris Hani
Chris Hani

Lindiwe Hani has came out in support of her mother, Limpho, as the fight for Chris Hani’s legacy escalates.

This follows an article by our sister publication, Sowetan this week, in which Vanessa Hani accused the ANC of betraying her father’s legacy and said this was the reason she was ditching it to join Mamphela Ramphele’s new party Agang SA.

Lindiwe lashed out at Vanessa in a Twitter campaign, saying she was not a Hani.

“I do not have a sister called Vanessa Hani. Vanessa is not a member of our family. I have only heard of her via the media like the rest of SAans (South Africans),” Lindiwe tweeted.

Responding to one of her followers who urged her not to disown Vanessa, she tweeted: “One has to be owned in order to [be] disowned. We do not know her.”

Apparently implying that Vanessa should take a DNA test, Lindiwe wrote: “Only one way to be sure.”

Vanessa refused to comment.

In a dramatic twist, Hani’s widow, Limpho, called Talk Radio 702 disputing Vanessa’s claims that she was the struggle hero’s daughter and challenged her to take a paternity test. Limpho said Vanessa and her sister Cleopatra were using her late husband’s name for “monetary gain” on Redi Tlhabi’s show on Friday.

She said she only got to know about Vanessa and other “kids who came from nowhere to claim Hani’s surname” from the media.

“I think they are taking it too far. Doing stupid things in my husband’s name, saying they are dumping the ANC. Who are they?

“You know Redi, as a married woman, how it would feel if a child, after years and years of marriage, came out to say they were Brian’s child..?” she asked the presenter, whose husband is called Brian.

Limpho also questioned why they were reluctant to reveal their mother’s identity.

Vanessa and Cleopatra first made the claims in 2009 saying they are Hani’s children from a relationship he had before he married Limpho. – Sunday World

Clive Derby-Lewis to apply for medical parole

Former Conservative Party MP Clive Derby-Lewis will apply for medical parole because he is ill, his wife Gaye Derby-Lewis told Eyewitness News on Monday.

She planned to file the papers in the next few weeks and hoped the attempt would succeed as her husband was suffering from cancer and from gangrene in one leg.

This was the first time Derby-Lewis would apply for medical parole. He was denied normal parole last year.

The leader of the apartheid-era Conservative Party, and an MP, Derby-Lewis was sentenced to 25 years in prison for his part in the murder of SA Communist Party general secretary Chris Hani in 1993.

He arranged a firearm for triggerman Janusz Walus, who is serving the same prison term.

Both were initially sentenced to death. This was commuted to life in prison after the abolition of the death penalty.

Derby-Lewis is 76-years-old. – Sapa

Sign the petition for his release here.