Oscar Pistorius: Court rules he can apply for parole!
By Prof Dr Raheel Ahmed, University of South Africa
Introduction
Oscar Leonard Carl Pistorius, the former South African sprinter, and double amputee known as the “Blade Runner” who made history by competing against able-bodied athletes in the 2012 Summer Olympics in London and the Paralympics, has been given the opportunity to apply for parole.
South Africa’s apex court, the Constitutional CourtTop of Form
, recently ruled that Pistorius had served the required portion of his thirteen-year-and-five-month sentence to be eligible for parole.
The sprinter’s sporting accomplishments were marred with disgrace when he shot and killed his girlfriend, Reeva Rebecca Steenkamp, on Valentine’s Day in February 2013.
Background
Pistorius’s ongoing case has been the subject of intense scrutiny ever since that tragic event in 2013.
The ensuing legal proceedings saw Pistorius sentenced to six years in prison for murder which was subsequently increased to thirteen years and five months.
Pistorius suffered a setback in March of this year when the South African Department of Correctional Services and parole board denied his application for parole stating that he had not yet served the required half of his sentence.
The Recent Ruling
Under the provisions of the Criminal Procedure Act 51 of 1977, Pistorius should have been considered for parole after serving half his term. The Constitutional Court of South Africa confirmed this stating that, according to their calculation, he had already become eligible for consideration for parole on 21 March of this year.
The Constitutional Court further confirmed that the Supreme Court of Appeal (SCA) had correctly antedated Pistorius’s sentence to July 6, 2016. This date corresponds with the commencement of Pistorius’s subsequently overturned six-year sentence for murder under the principle of dolus eventualis.
However, in a puzzling turn of events, the SCA reversed this order in a letter three days before Pistorius was set to be considered for parole in March of this year. The Constitutional Court sought to clarify the legal status of this letter, ultimately confirming that Pistorius should have been eligible for parole in March of this year.
The South African Department of Correctional Services has received an order from the Constitutional Court which has provided clarity on the interpretation of the SCA's judgment of November 2012. Inter alia, the commencement of Pistorius’s sentence and the calculation of the minimum period of detention (half the sentence term) has been satisfied. The Department of Correctional Services is currently studying the order and has ensured the proper execution of the Constitutional Court order.
The legal proceedings surrounding Pistorius’s eligibility for parole have been marked by delays and confusion resulting in global embarrassment for South Africa’s Justice and Correctional Services system. The failure to meet court-ordered deadlines for responses and the interchanging on Pistorius’ parole eligibility have led to widespread attention, both nationally and internationally.
With the recent court ruling and the admission of the South African parole authorities that he is eligible, Pistorius could possibly have a parole hearing before his thirty-seventh birthday next month.
What a turn of events indeed!
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