Pistorius’s family consider their next move
OSCAR Pistorius’s family have taken no decision regarding his situation after his release on parole – which had been due today – was suspended earlier this week.
“The family will take their time to calmly consider the way forward,” spokeswoman Anneliese Burgess said in response to media inquiries yesterday.
It is also not clear whether his legal team will be launching an urgent application soon to compel correctional services to free him on correctional supervision from the Kgosi Mampuru II Prison in Pretoria.
The registrar’s office at the high court in Pretoria, by closing time yesterday, confirmed it had not yet received such an application. Pistorius’s lawyer Brian Webber could not be reached for any news about a possible urgent application.
Pistorius’s hopes to be freed were dashed by Justice and Correctional Services Minister Michael Masutha this week.
Masutha suspended the decision to release him today and referred the matter to the Correctional Supervision and Parole Review Board for reconsideration.
The minister obtained legal advice regarding the legality of setting a date for his release, before he had served the required 10 months of his five-year jail term for killing his girlfriend Reeva Steenkamp on Valentine’s Day, two years ago.
Pistorius was convicted on a charge of culpable homicide and sentenced in terms of a provision in law in where he only had to serve one-sixth (10 months) of his sentence, before he is released on correctional supervision. The 10 months lapse today, but the minister said the decision to release him was taken in June this year, while he had served only slightly more than six months of his jail term. According to the minister this decision was made prematurely.
If Pistorius had to wait for the parole appeal body to convene, he could remain another four months in jail, as the body only convened a few times a year.
His legal team could, however, launch an urgent application asking that the minister’s decision to refer the matter to the body, be overturned. If this is refused, they can also ask the judge to order the body to convene as a matter of urgency and rule that Pistorius be freed in the meantime.
Jacque Mofokeng of The Progressive Women’s Movement of SA (PWMSA) said yesterday Reeva Steenkamp’s parents, June and Barry, spent the day at the beach when Masutha announced his decision.
She said she communicated it to them, and their mood changed and they said that it was the “best day for Reeva”.
The model and law-graduate would have celebrated her 32nd birthday on Wednesday. On August 17, Masutha’s office received a petition from PWMSA wherein they expressed their opposition to Pistorius’s release.
On Monday, the State had filed heads of argument in its appeal against Pistorius’s conviction and five-year sentence.
The State was asking the Supreme Court of Appeal to substitute the conviction of culpable homicide with one of murder.
This would mean that, if the appeal is successful, Pistorius’s sentence will be substituted with a much heavier one of at least 15 years in prison.