Derby-Lewis cancer aggressive - lawyer

2011-01-21 22:12

Johannesburg - Clive Derby-Lewis who is serving a life sentence for the murder of SACP leader Chris Hani learned on Friday that his prostate cancer was aggressive, his lawyer Marius Coertze said.

Dr Wayne van Niekerk from Gauteng Oncology said Derby-Lewis, 75, would need to be hospitalised next month for seven weeks and would then need to attend daily radiotheraphy for 25 days, Coertze said.

"Now that Derby-Lewis is seriously ill, will the parole board not consider (his) release on health grounds?

"The leniency (showed to) Shabir Shaik is often quoted as an example of South Africa's selective justice under the ANC, Communist Party alliance," he said.

Derby-Lewis began treatment in October last year. He received his doctor's oncology report on Friday, and it was also addressed to the department of correctional services (DCS).

Besides prostate cancer, he is also undergoing treatment for skin cancer and a leg infection that turned gangrenous, apparently after he bumped it against an iron bed.

"It is ironic that this man who has been recommended for parole twice is still in jail due to the manipulations of the Communist Party and Advocate George Bizos (for the Hani family), who are doing all in their power to thwart the parole process by manipulating the system," Coertze said.

"In terms of Chapter 2 of the Constitution's Bill of Rights, 'everyone is equal before the law', and 'everyone has the right to administrative action that is lawful, reasonable and procedurally fair'.

"Apparently not so in the case of Clive Derby-Lewis, as bitter experience has taught."

In August 2007, the Correctional Supervision and Parole Board (CSPB) recommended that Derby-Lewis be granted parole.

Documentation was forwarded to DCS for consideration and recommendation before being sent to the correctional services minister.

"These documents were intercepted by Advocate Thozana Mqobi, who happened to be the then wife of erstwhile DCS Minister Ngconde Balfour," he said.

Coertze accused the DCS of lying under oath, that they never received these court papers.

Derby-Lewis was convicted of conspiracy to murder and was initially sentenced to death for his role in Hani's assassination, but it was changed to life imprisonment when the death penalty was outlawed in 1995.

He confessed to his role in the assassination to the Truth and Reconciliation Commission.

In December, the DCS said it would not parole Derby-Lewis by the end of that year as further information on his case was required.

"Offender, Derby-Lewis, was informed today of the minister's decision based on the recommendation by the National Council for Correctional Services (NCCS) that he should not be placed on parole as yet," the department said.

This was in terms of the Correctional Services Act, 1998, which states that the minister of correctional services must make the final decision, based on a favourable recommendation by the NCCS.

The council wants further documents to be provided before making a final decision, and has recommended that he should again appear before them at their first meeting in scheduled for this year.

The department could not be immediately reached for comment on when this would take place.

  • immelmap - 2011-01-21 22:40


      Tshifhiwa - 2011-01-22 22:14

      Mcbidge hsd never taken a life nor plan to, Derby must rot in jail. - 2011-01-23 07:05

      Tshifhiwa has a very short memory or a selective one - what about Magoos Bar in Durban. Mc Bride was convicted for that tragedy

      Glenys - 2011-08-22 16:38

      He has and was convicted long before you were born I think. Get your facts straight before you open your mouth.

  • jouplesier - 2011-01-21 22:46

    even one death is one to many: he never killed anyone! he is a scapegoat whom paid the price for the rest to walk free (or atleast for the public to have someone major to blame for an important death). this man was the truest of patriots; a hero that fought for what he believed best for the country and the people in it. same is to be said about mandela... though for mandela all bad deeds were willfully forgotten; why cant we do the same for this fallen hero?

      Great White - 2011-01-22 10:25

      I agree with you jouplesier. I have met this man on a number of occasions. He is educated, articulated and a great patriot. He grows vegetables and flowers in prison, is a team leader in charge of many projects and gives anthropology lessons to the inmates. The prisoners, mostly black, really hold him in high regard. Yes, he is guilty of a capital crime. This he has never denied. He has never lashed out at his sentence, instead he continued serving his sentence with a quiet dignity. I equate this dignity to that of Nelson Mandela, who was also incarcerated for political crimes. He, however, was released on a Presidential pardon and went on to become an icon. It is time to release this man. Gaye, his wife, has campained tirelessly for a pardon. The reaction by the ANC was to continually harass her and even throw her in jail on trumped up charges. We can throw a number of cases in point into the arena, such as Shabier Shaik, Winnie Mandela, Zuma and McBride, to name but a few examples of selective justice. It will have the same result, arrogant dismissal. It is time for the ANC to stop using him Clive as a political football. He is a tired, very ill old man who has paid his debt in full. Let's see a magananimous move by Zuma in showing compassion at a time where South Africa really, really needs to overcome racial hatred.

      Great White - 2011-01-22 10:28

  • franssmith100 - 2011-01-21 22:55

    but sheik was "sick" (i meant bulshitting) and they let him go

  • mrsesom - 2011-01-22 01:43

    Poor man, I feel so sorry for him...He should have received a Gold Medal. instead of a jail sentence.

  • Blip - 2011-01-22 02:06

    Derby-Lewis has fallen into the "transformed" former justice system which is now a vengeance system. One rule for Schabir Shaik, and another rule for a white man.

  • natasha nxumalo - 2011-01-22 06:37

    a gold medal u ppl should be ashamed of urselves

      Andy49 - 2011-01-22 10:35

      who are "u ppl"?

      Zaq - 2011-01-22 11:21


      coolwaynie - 2011-01-22 14:58

      I gather you mean as ashamed as we should be for releasing political prisoners. Yeah they should all be thrown back in prison huh...

  • Thingamebob - 2011-01-22 06:40

    He is guilty and a murderer and should not be released. No murderer should ever be released. Those others that were released, was wrong but two wrongs don't make a right. We know what kind od president we have voted for and what party was voted for and we always need to remember the moral high ground.

      Beverley - 2011-01-22 07:04

      So what about all the murderers that are in parliament / government right now - ruling the country? Is that OK?

      Thingamebob - 2011-01-22 07:27

      @ Bererley: In 1948 when the National Party came to power, they filled the government with Ossewabrand murders. They did exactly what the ANC are doing now. Released murders, made them parliment ministers, Who do you think the ANC learned their governance from. Wrong is wrong.

      mpanzame - 2011-01-22 07:40

      Very forgiving I see. Gee thats big of you - not.

      Para-gun - 2011-01-22 08:12

      Thingamebob I dare you to name 2 Ossewabrandwag members who went into government who were murderers in 1948 and name your source of referance.

      Carl Muller - 2011-01-22 10:22

      In the National party there were many murderers. If you opposed them you die. This comes from the time of Simon van der Stel. They all used boeties to do their dirty work and to defraud the people. I agree with you.

      Para-gun - 2011-01-22 15:28

      Come on Carl Muller explain how you connect Simon Van der Stel with the Nationalist party. This Should be good seeing Simon van der Stel was anHalf Indian man. Or are you just another poephol with a distorted view of our history. there was once a Carl Muller in the Nazi Party I hope thats not your Grand father. Because many Nasi fled to RSA to hide

      Thingamebob - 2011-01-22 15:41

      BJ Voster was an active member of the ossawabrandwag. South African history was written by the national party and a little bit bias. There are many books available that teach the correct facts. The national party was one of the best at propoganda and lies.

      Mark - 2011-02-28 17:10

      If all the criminals (murderers) had to be convicted, most of the ANC would be trying to "run" government from jail. The country is a sad joke.

  • mpanzame - 2011-01-22 07:39

    Usual double standards. This guy did Chris Hani. It was not nice, but he paid for his crime. More so than half of JZ buddies. Eish, the totalarian Racist Regime of the ANC is too strong, and the black people are too scared to act against it. Are we doomed to failure as a nation??

      VM1 - 2011-01-22 12:47

      Black poeple are not scared to act but scared on what might happen if the present government is unseated as there is still no viable alternative. The other parties cannot be trusted with the vote yet. Just watch the campaigns for the local elections. DA still has anti black undertones - how can they get the majority vote?

  • Para-gun - 2011-01-22 08:05

    Seems like the ANC and the Hani family have found a way to apply the death sentence to people they hate.

      VM1 - 2011-01-22 20:59

      Para It is not about vengeance but about the truth and disclosure - who were his co conspirators at the time, and what was their role. It would be nice to know who are these poeple who do not wear their khakhis in public and have their viierkleurs hidden only reserved for funerals and rugby matches.

  • Shane - 2011-01-22 08:45

    he should get a medal for his bravery

  • Shane - 2011-01-22 08:46

    that mongrel sheik should be inside , someone should whack him

  • Jaimo - 2011-01-22 09:14

    Derby-Lewis is where he is supposed to be. MCBRIDE IS NOT WHERE HE IS SUPPOSED TO BE!!!!!!!!

  • Robert - 2011-01-22 10:49

    before pleading for the government to show this man some mercy they should consider how the previous government (ie the one that this man supported) dealt with robert sobukwe after he was diagnosed with cancer or perhaps even bram fisher - no mercy shown - so why shld this govt show mercy?

      VM1 - 2011-01-22 12:28

      Spot on Robert - besides he has no disclosed who his friends were -this would have helped him in these parole hearings. remorse and full disclosure. We still wan to know who was helping him as these guys are still walking among us.

      Gandalf - 2011-01-22 20:23

      Robert, you're a moron. So the cycle of endless retribution must continue to settle 'old scores'? Where does it end? You'd be best suited to go live somewhere in the Middle East where they also don't understand the concept of taking the moral high ground in order to stop the conflict.

  • Jaimo - 2011-01-22 13:20

    Fair is Fair! Shabier Shaik got let out and drives his Mercedes around Durban Its time NOW that DERBY-LEWIS got let out to go home and grow his vegetables

  • stormpoet - 2011-01-22 14:21

    So - let me try and get this. You can swindle and be corrupt or kill regime leaders etc as long as you're sick enough not to serve jail time. Or at least get out. I strongly disagree with parole on medical grounds. This is becoming a farce in our country and an easy "escape" button. Really. And I thought our justice system actually can work.

  • coolwaynie - 2011-01-22 14:55

    If his name was Shabir Shake Shake he'd be out already.

  • pothead - 2011-08-22 18:32

    mc bride was involved in the mcgoo bar bombing - he is a terrorist and a gun smuggler..........!!!!!! 2 people were killed in the bombing,so tshifhiwa,back to you cage.....!!!!!!!!!!!!!!!!!

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