Oscar Pistorius is once again turning to the Constitutional Court in his latest attempt to be released on parole. The attorney representing June and Barry Steenkamp, the parents of Reeva Steenkamp, confirmed receipt of Pistorius’ application to the Constitutional Court.
Also read: The parole board has denied Oscar Pistorius’ application
According to Pretoria News, Tania Koen, the attorney for Reeva’s parents, stated that June and Barry Steenkamp will not object to Pistorius’ parole application. Instead, they will respect the court’s decision and focus on commemorating what would have been Reeva’s 40th birthday on Saturday, 19 August.
Pistorius is seeking clarification from the apex court to address the confusion surrounding his eligibility to request parole board reconsideration. Having been denied parole in late March of this year for the murder of Reeva Steenkamp in 2013, Pistorius was sentenced to 15 years in prison, with a requirement to serve at least half of this term before being eligible for parole.
At present, Pistorius is serving his prison sentence at Atteridgeville Prison, situated to the west of Pretoria. Discrepancies have arisen concerning the actual duration of Pistorius’ incarceration up to the present moment.
The parole board, in denying him parole, determined that Pistorius had not yet completed the minimum detention period mandated by the Supreme Court of Appeal. This decision was based on a letter received on 28 March, three days before the hearing.
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Acting President of the Supreme Court, Judge Xola Petse, communicated via email to the Atteridgeville Correctional Centre, explaining that based on the court’s judgement on 24 November 2017, Pistorius was sentenced to an effective term of 13 years and five months.
This comprised 12 months of imprisonment and seven months of correctional supervision. The judge emphasised that the court’s order was unambiguous, signifying that the substituted sentence commenced on 24 November 2017.
Pistorius contests these calculations, asserting that he is unequivocally eligible for parole due to having completed his designated time. He has lodged an application with the Constitutional Court to directly determine his parole eligibility.
His initial hurdle is obtaining authorisation from the Constitutional Court to proceed with this approach. Only once he is granted permission can he present his case to the panel of judges.
In addition to the Steenkamp family, Pistorius has also listed Justice and Correctional Services Minister Ronald Lamola, the parole board and the Atteridgeville Correctional Centre as respondents. It is understood that these respondents have indicated their intention to contest his application; however, the grounds for their opposition have not yet been disclosed, as they still have time before the deadline for their response.
Pistorius, in his application, maintains that, considering the time he has served and the prevailing legal framework, he has been eligible for parole since 20 March this year.
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