Pretoria - The fate of the ailing Clive Derby-Lewis rests in the hands of the high court in Pretoria, which will have to decide whether to immediately release him on medical parole, or to refer his plight back to Justice and Correctional service Minister Michael Masutha.
Masutha earlier this year turned down Derby-Lewis’ application to be placed on medical parole and found that he was not terminally ill.
While two doctors were of the opinion that he suffered from stage four lung cancer and gave him six months to live (which lapse in July) a third medical practitioner was of the opinion that he was in stage three cancer and that it was not spreading.
Masutha accepted the opinion that Derby-Lewis suffered from stage 3B cancer and concluded that he thus did not satisfy the criteria for medical parole, as set out in the Correctional Services Act.
Derby-Lewis on Monday turned to the high court in Pretoria to ask for an order reviewing and setting aside the decision of the minister.
Judge Selby Baqwa was asked not to refer the matter back to the minister for reconsideration, but to rather immediately release the 79-year-old man.
He has been treated at the Eugene Marais hospital in Pretoria for nearly a year and according to his advocate, Roelof du Plessis SC, his client is busy dying. He has been in jail for 21 years following his murder conviction after SACP leader Chris Hani was assassinated outside his home in 1993.
“He just wants to die with dignity, at home with his family. It is an issue of humanity. The minister should have shown some compassion,” Du Plessis said. He added that it was now up to the court to follow the spirit of Ubuntu.
According to Du Plessis Derby-Lewis has shown remorse and had apologised to the Hani family at the TRC. However, he wanted to apologise to them in person and extended an invitation to Limpo Hani to visit him in hospital. She refused to do so, but the invitation is still open, Du Plessis said.
It was argued on behalf of the minister that he had applied his mind to the application when he refused medical parole. While it was conceded that the Medical Parole Advisory Board did recommend to the minister that medical parole should be considered, Judge Baqwa was told that the minister had a discretion and that he could not be expected to merely rubber stamp a recommendation.
Both Limpo Hani and Gaye Derby-Lewis were in court on Monday, but they did not even glance in each other’s direction. Both refused to speak to the media.
Legal arguments will proceed on Tuesday.
Pretoria News