‘Grave error’ in calculation of Pistorius parole eligibility – expert
Defense lawyer and legal expert Ulrich Roux says convicted killer and Paralympian Oscar Pistorius is now in a position to apply for his release on parole after the apex court confirmed he was eligible in March this year.
In a ruling on Monday, the Constitutional Court said Pistorius had served half of his 13-year sentence for the murder of his then-girlfriend, Reeva Steenkamp, by the end of March.
There was a twist at his parole hearing earlier this year in which Paralympian was widely expected to be released.
Pistorius was denied parole in March after the board ruled that he should remain behind bars as it had found he had yet to spend the minimum required time behind bars to qualify for parole.
Pistorius then turned to the Constitutional Court to clear up the confusion around his sentence and parole.
Roux says ruling by the highest court in the land suggests officials miscalculated in the time Pistorius served.
“The Constitutional Court also found that there were irregularities present in calculating time periods, particularly the period that he had in fact served and when he should have been eligible for parole, and that they sought clarity in this regard from the Supreme Court of Appeals.
“So, if one reads between the lines the Connotational Court is saying that somewhere, someone made a grave error in calculating the period of time that Pistorius served and that he should have in fact been eligible for parole six months ago already.”
On Monday, the Department of Correctional Service's Singabakho Nxumalo confirmed they had received an order from the apex court on the proper interpretation of the SCA’s judgment on Pistorius' sentence delivered on 24 November 2017.
"The matter relates to the sentence given to inmate Oscar Leonard Pistorius, its effective date, and the impact on the calculation of the minimum detention period. DCS is studying the order and shall in due course pronounce itself on the way forward. This shall ensure that the order of court is correctly executed."
Roux says as it stands the department has little choice but to abide by the ConCourt ruling.
“Accordingly, Pistorius is in a position to lodge his application for parole and that must be considered by the Department of Correctional Services now,” he concluded.
Pistorius shot Steenkamp on Valentines Day ten years ago at his home in Pretoria.
Her parents, Barry and June Steenkamp, did not believe Pistorius’s version that he mistook their daughter for an intruder the night he shot her.
Barry Steenkamp died last month at the age of 80.
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