ConCourt affidavit on Pistorius’ litigation to be filed, says justice department after delay
Pistorius implored the Constitutional Court to address what he called the “utter confusion” surrounding his eligibility for parole.
Oscar Pistorius cries while seated in the dock during the verdict in his murder trial in Pretoria, 11 September 2014. Picture: Kim Ludbrook/EPA/Pool
The Department of Justice and Correctional Services has confirmed an affidavit to meet a Constitutional Court-ordered deadline to provide answers to convicted murderer Oscar Pistorius‘ parole litigation is being filed.
This after Justice and Correctional Services Minister Ronald Lamola, Department of Correctional Services (DCS) National Commissioner Makgothi Thobakgale, and parole authorities failed to meet the apex court deadline.
Lamola’s spokesperson, Chrispin Phiri told The Citizen the affidavit “has been done by the official concerned.”
“As the Minister’s office, we are advised the official in question was allegedly sick as a result the official handling the matter at a case management centre (CMC) level couldn’t commission the affidavit accordingly.
“Her signature has been obtained. The Affidavit will be filed along with a condonation application. Please note, the Minister has elected to file a confirmatory affidavit. In law, he cannot attest to the processes of CMC he is only empowered to process lifers’ cases. The individual in question is not a lifer,” Phiri said.
This means, Lamola, prison and parole authorities would have to ask for the Con Court’s permission to file their responses to Pistorius after the deadline.
When approached for comment, correctional services spokesperson Singabakho Nxumalo directed The Citizen to Phiri’s statement.
Pistorius implored the Constitutional Court last month to address what he called the “utter confusion” surrounding his eligibility for parole.
This comes after the 36-year-old’s latest bid for freedom was denied earlier this year.
Pistorius is seeking to overturn the decision to deny him parole, arguing the time he has spent behind bars already means he is eligible for an early release from prison.
He said the Supreme Court of Appeal (SCA) had created “utter confusion” about when his murder sentence came into effect. He wanted the court to declare him eligible for parole.
“Every day that I am detained and prohibited from applying for parole, in circumstances that I am already eligible for parole and might be successful to obtain parole, constitutes an infringement on my fundamental rights,” Pistorius said.
Pistorius was denied parole by the Correctional Supervision and Parole Board (CSPB) in March because he had not served the minimum amount of jail time required.