The conditions of his parole will be determined by Justice and Correctional Services Minister Michael Masutha and the Medical Parole Board. This is with immediate effect.
The prison was ordered to comply with the order by no later than June 5.
The respondents were ordered to pay the cost of the application.
Judge Selby Baqwa went over one-and-a-half days of dense legal argument over whether the prisoner had Stage 3b or Stage 4 inoperable lung cancer, and whether he had shown remorse for his part in the murder of Hani.
He was denied parole on January 30 this year by Masutha, and his lawyers applied to the court for a review of the decision.
Derby-Lewis, who escaped the death penalty when capital punishment was abolished, has served over 21 years in prison.
Doctors detected the lung cancer last year, while he was being treated after being stabbed in prison.
Masutha turned down his parole on the grounds that his cancer was Stage 3 and not Stage 4. The prisons laws and regulations state that cancer must be at Stage 4 for medical parole to be considered.
His lawyer, Roelof du Plessis, insisted in the High Court in Pretoria that two out of three doctors had found signs of Stage 4 inoperable cancer and could not understand why the third on the panel of three specialists, a Dr Mike Sathekge, had not found the same.
In an effort to show that Derby-Lewis had shown remorse, Du Plessis said there had been an invitation to Hani’s widow, Limpho, to visit him in hospital for a face-to-face apology. She has not taken up the offer. DM
Photo: Clive Derby-Lewis adjusts his headphones at the start of the day’s Truth and Reconciliation Commission at Pretoria City Hall August 19. (Reuters)
In other news...
The South African economy is choking harder than the Proteas. Although to be choking you have to actually be eating and the Proteas seem to be on some sort of juice cleanse-like fast…*
Back to the economy: In the first quarter the GDP dive-bombed by a whopping 3.2%. The sense of futility can paralyse us into inaction and moaning. But it’s times like these that call for effort and action, no matter how small. Yes, South Africa is hurting. Yes the ravaged economy is evident everywhere you look. But you can make a difference, in your own personal way and by supporting independent media like Daily Maverick. We’ve pledged to continue the fight through producing incisive and impactful investigations and analysis, the same way we have done every day for the last decade.
By becoming a Maverick Insider you can help us keep doing what we do, so that you and others who can’t afford it, can keep reading the truth. For whatever amount you choose, you can support DM and it only takes a minute.
*Proteas, you know we love you. We’d just love you more if you won occasionally...
"Man is by nature a political animal" ~ Aristotle