Justice and Correctional Services Minister Michael Masutha has referred the decision to release Paralympian Oscar Pistorius on correctional supervision for review by the parole board as there was "no legal basis for the decision".
Masutha’s spokesperson Mthunzi Mhaga on Wednesday said Pistorius had not served 10 months of his five-year jail term when the Correctional Supervision and Parole Review Board (CSPB) made the decision on June 5.
He said it was therefore "clear that there is no legal basis upon which such a decision was made and is in contravention of Section 73 (7) (a) which requires him to have served one sixth of his five years sentence".
"One sixth of a five years sentence is 10 months and at the time the decision was made Mr Pistorius had served only over six months of his sentence."
Pistorius shot and killed his model girlfriend Reva Steenkamp at his Silverlakes home in 2013 on Valentines Day.
He was due to be released from Kgosi Mampuru correctional centre in Pretoria on Friday on correctional supervision.
This week Masutha received a petition from the Progressive Women’s’ Movement of South Africa opposing Pistorius’ imminent release.
In their submission‚ they requested Masutha not to approve Pistorius’ release‚ citing the parole board’s insensitivity to his release during Women’s’ Month.
Mhaga said in considering the petition‚ it became desirable that the minister peruses Pistorius’ profile as well as the decision of the CSPB.
"In as much as the grounds for the petition cannot be legally sustained‚ he had to satisfy himself that the CSPB decision and the process followed was in compliance with the law. The minister further sought legal opinion on whether he is legally empowered to do anything if necessary‚" he said.
Mhaga said it was deemed prudent that they refer to the relevant section that deals with the process of placing an offender sentenced in terms of section 276 of the Correctional Services Act.
"Section 73(7)(a) of the Correctional Services Act‚ Act 111 of 1998‚ states the following: A person sentenced to incarceration under section 276(1)(i) of the Criminal Procedure Act‚ must serve at least one sixth of his or her sentence before being considered for placement under correctional supervisor‚ unless the court directs otherwise‚’’ Mhaga said.
He said it is apparent therefore that the decision to release Pistorius on Friday was made prematurely on June 5 when he was not eligible to be considered at all.
Minister refers decision to release Pistorius back to parole board
Masutha’s spokesperson Mthunzi Mhaga on Wednesday said Pistorius had not served 10 months of his five-year jail term when the Correctional Supervision and Parole Review Board (CSPB) made the decision on June 5.
He said it was therefore "clear that there is no legal basis upon which such a decision was made and is in contravention of Section 73 (7) (a) which requires him to have served one sixth of his five years sentence".
"One sixth of a five years sentence is 10 months and at the time the decision was made Mr Pistorius had served only over six months of his sentence."
Pistorius shot and killed his model girlfriend Reva Steenkamp at his Silverlakes home in 2013 on Valentines Day.
He was due to be released from Kgosi Mampuru correctional centre in Pretoria on Friday on correctional supervision.
This week Masutha received a petition from the Progressive Women’s’ Movement of South Africa opposing Pistorius’ imminent release.
In their submission‚ they requested Masutha not to approve Pistorius’ release‚ citing the parole board’s insensitivity to his release during Women’s’ Month.
Mhaga said in considering the petition‚ it became desirable that the minister peruses Pistorius’ profile as well as the decision of the CSPB.
"In as much as the grounds for the petition cannot be legally sustained‚ he had to satisfy himself that the CSPB decision and the process followed was in compliance with the law. The minister further sought legal opinion on whether he is legally empowered to do anything if necessary‚" he said.
Mhaga said it was deemed prudent that they refer to the relevant section that deals with the process of placing an offender sentenced in terms of section 276 of the Correctional Services Act.
"Section 73(7)(a) of the Correctional Services Act‚ Act 111 of 1998‚ states the following: A person sentenced to incarceration under section 276(1)(i) of the Criminal Procedure Act‚ must serve at least one sixth of his or her sentence before being considered for placement under correctional supervisor‚ unless the court directs otherwise‚’’ Mhaga said.
He said it is apparent therefore that the decision to release Pistorius on Friday was made prematurely on June 5 when he was not eligible to be considered at all.
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