Last week the South Gauteng High Court granted the terminally ill, 79-year-old lung cancer patient medical parole.
Judge Selby Baqwa gave the department until yesterday to set down his parole conditions.
The department also had the opportunity to appeal the decision, but has not.
It organised a media briefing for yesterday morning but it was unexpectedly cancelled due to unforeseen circumstances.
In a statement released later, Minister Michael Masutha revealed Derby-Lewis was already on medical parole.
“The Judge had ordered his placement on parole with immediate effect. This means that offender Derby-Lewis has been on parole upon issuing of the court order, and the only outstanding matter was determining of the conditions by the Minister and the Correctional Supervision and Parole Board (CSPB).”
Masutha and the CSPB determined the parole conditions which have been communicated to Derby-Lewis as well as Hani’s widow, Limpho, and the SA Communist Party (SACP).
“Details of the parole conditions are to be confined to the parties at this stage as it is standard practice,” it said in the statement.
Derby-Lewis is currently receiving treatment at a Pretoria Hospital and it’s not yet been determined if and when he will be allowed to go home.
During his judgment Baqwa said that according to doctors reports, Derby-Lewis only had a few months left to live.
“As it’s enshrined in the Constitution, every person has the right to die with dignity. The applicant will not be refused this.”
He said it would be unfair toward Derby-Lewis to again refer the matter back to the ministry and also stated that it’s handling of previous parole applications, was flawed.
Derby Lewis was sentenced to life for his role in the murder of Hani, who was SACP at the time, more than 20 years ago.