Derby-Lewis in new bid for freedom

CLIVE Derby-Lewis, 79, convicted for killing South African Communist Party leader Chris Hani, took another shot at parole yesterday and approached the Pretoria High Court for an urgent decision.

His lawyer, Roelof du Plessis, told the court that not allowing Derby-Lewis to die at home with his family was an affront to human dignity.

Derby-Lewis apologised again yesterday through Du Plessis, saying he unconditionally apologised for his part in the murder of Hani.

Du Plessis asked Judge Selby Baqwa to make the decision on Derby-Lewis’s parole, as sending the case back to the minister would inevitably mean Derby-Lewis would die in prison due to the minister’s “bad track record”.

He called on the courts to set an example of compassion and ubuntu.

It took the minister 18 months to make a decision before he refused Derby-Lewis’s application for parole early this year.

Since 2008, Derby-Lewis has been refused parole at least five times by two ministers although both the Medical Parole Advisory Board and the Parole Advisory Board had recommended his release.

Derby-Lewis, who has served 21 years for killing Hani, again applied for medical parole in May last year. He was suffering from inoperable lung cancer, hypertension and heart failure.

The Correctional Services Act only grants medical parole to patients with stage four cancer, but when the justice minister decided to refuse medical parole on January 15, the Medical Parole Advisory Board had said he was at stage three, but suggested he get parole.

Du Plessis said independent medical reports compiled in December to advise the medical parole board showed his cancer was already at stage four and was spreading. Both doctors gave him only six months to live.

He said the minister should have, by law, ruled only on whether there was a risk of re-offending and on administrative arrangements, as the medical parole board had given a positive indication that he should get parole.

Justice Minister Michael Masutha said there was no evidence of Derby-Lewis showing contrition for his crimes. Du Plessis said for years Derby-Lewis had tried without success to meet Hani’s widow, Limpho, to express his remorse.

Appearing for the minister, Advocate Marumo Moerane argued that the minister was entitled to come to any decision as the medical parole board only made recommendations.

He said the previous decisions not to allow parole were not indicative of any form of bias.

The case continues today.