By Lehlohonolo Lehana.
The Constitutional Court has confirmed that the convicted killer Oscar Pistorius had served half of his sentence by 21 March this year.
Pistorius shot his then girlfriend Reeva 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.
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 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.
“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.
DCS spokesperson Singabakho Nxumalo said they were studying the order from the Concourt on Pistorius’ parole.
“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 the order of court is correctly executed,” Khumalo said.
Nxumalo stated Pistorius’ “minimum detention period” – the time he needed to serve before being considered for parole – was half his sentence.
The Constitutional Court’s ruling has now made it clear Pistorius should have been considered for release on parole in March.
Defense lawyer and legal expert Ulrich Roux says Pistorius is now in a position to apply for his release on parole after the apex court confirmed he was eligible in March.
Roux says ruling by the highest court in the land suggests officials miscalculated in the time Pistorius served.
He 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.