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Pretoria - There were several problems with a medical parole bid by convicted killer Clive Derby-Lewis, Justice Minister Michael Masutha said on Friday.
"There is nothing to suggest that Mr Derby-Lewis's 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 told reporters in Pretoria.
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. Masutha said the medical parole board has recommended that Derby-Lewis be released.
Lung cancer
“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,” he said.
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."
"The rationale of the board's conclusion in this regard is, on the face of it, difficult for me to comprehend," said Masutha.
Name on medical reports
There was also an issue with Derby-Lewis's medical reports - the name on the pathologists' report was not Derby-Lewis's.
"In an affidavit he submitted to the board he states that he used a different name for security reasons," Masutha said.
"It also appears from his affidavit that, coincidentally another patient, bearing the name used by the offender was admitted at the same hospital during his admission for treatment for a similar medical condition."
Derby-Lewis then reverted to a pseudonym he used earlier when he was first admitted.
"It must be stated that there are no supporting documents attached from the department in support of these name changes," Masutha said.
Uncertainty
"This raises uncertainty on the identity of the patient whose samples informed the recommendations of the board."
Masutha said there was also no indication whether Derby-Lewis had shown remorse for the crime he committed.
"In the circumstances, the board's recommendation to place the offender on media, parole is not approved."
The decision would be communicated to Derby-Lewis's lawyers.
