Clive Derby-Lewis‚ who is applying for a medical parole in the North Gauteng High Court‚ was not vigilant enough to secure a release‚ according to state advocate Graham Bester. Derby-Lewis‚ serving a life sentence for his part in the killing of SA Communist Party leader Chris Hani‚ is applying for medical parole after five failed attempts since 2007‚ and doctors have given him a few months to live.Bester told the second day of the hearing on Tuesday morning that Derby-Lewis‚ 79‚ should have known the requirements he had to meet in line with the wishes of Hani’s widow Limpho.Bester said representations Limpho made early this year for Derby-Lewis’ medical parole were the same as those she submitted in 2011 when he applied for normal parole‚ and he knew what justice minister Michael Masutha would base his decision on.“He cannot now claim that there was unfair administrative action‚” said Bester. “Adopting this supine attitude‚ knowing full well Mrs Hani would make representations by 9 January before the minister made his decision. [Derby-Lewis] then does nothing to follow up on the submissions and request a copy thereof.”Bester said Derby-Lewis’ failure to secure medical parole and his call for procedural unfairness could be ascribed to “his own lack of vigilance”.The Correctional Services Act states that medical parole should only be given if the applicant has stage-four cancer.Head of nuclear medicine at the University of Pretoria Mike Sathekge‚ who advised the Medical Parole Advisory Board (MPAB)‚ did not think that Derby-Lewis' cancer had spread. However‚ two other independent doctors‚ Dr Wadee and Dr Lalloo‚ both diagnosed Derby-Lewis with a stage-four cancer.Sathekge gave a pathological assessment of Derby-Lewis' lung cancer and the other two were clinical diagnoses.Bester said that Wadee and Lalloo‚ after discussion‚ “changed ground” in the light of Sathekge's knowledge.However‚ the MPAB still recommended that Derby-Lewis be released on medical parole.- TMG Courts and Law..