Derby-Lewis’ lawyer, Marius Coertze said by Tuesday they had still not received the minister’s opposing affidavit which was due on Monday.
Last month Coertze filed papers to the North Gauteng High Court to get a judge to force Masutha to make a decision on whether or not his client will be released on parole. The matter was scheduled to be heard on Tuesday.
The minister’s office said they would oppose the matter and were meant to file their affidavit by end of business on Monday. However by Tuesday Coertze said they still had not filed their affidavit.
“If they file late, the judge will not have enough time to look at their opposing affidavit and our responding affidavit. The matter will have to step down for a day or two to give the Judge time to go through all the affidavits,” said Coertze. He said he suspected that, that was exactly what the minister’s office was hoping for.
Masutha’s spokesperson, Mthunzi Mhaga said he was still trying to find out if their legal team had filed the papers and if they had not, why.
Coertze said they wanted the matter attended to immediately because if it was not finalised by December, it would not matter any more.
“The doctors attending to Clive said his whole lung was filled with cancerous growth. He will die by January or Febraury next year,” said Coertze.
Derby-Lewis (78) is serving a 25 year sentence for the role he played in Chris Hani’s assassination in 1993.