Yadhana Jadoo
2 minute read
10 Apr 2018
6:35 am

End of the legal road for Pistorius

Yadhana Jadoo

There are no other legal avenues for Pistorius to explore, except a presidential pardon, which is not on the cards.

Oscar Pistorius was originally convicted of culpable homicide in 2014, but his conviction was upgraded to murder on appeal.

The National Prosecuting Authority (NPA) has welcomed what it calls the “end of the road” for murder accused Paralympian Oscar Pistorius.

Yesterday he failed in his bid to be granted leave to appeal his 13-year sentence for shooting dead girlfriend Reeva Steenkamp.

The Constitutional Court dismissed the application as it does not fall within its jurisdiction.

“The Constitutional Court has considered the application for condonation and leave to appeal,” read court papers.

“It has concluded the application for condonation should be granted, but that the application for leave to appeal should be dismissed as it does not engage this court’s jurisdiction.”

NPA spokesperson Luvuyo Mfaku said the authority had always maintained there would be no prospects of success for Pistorius in this regard.

“We have always maintained that their application has no prospects of success and the Constitutional Court agreed with us by saying the application doesn’t fall within their jurisdiction. It is the end of the road, and that is that,” Mfaku said.

“The Constitutional Court is the court of final instance on issues relating to appeals. There is no other court he can take the matter to.”

There are no other legal avenues for Pistorius to explore, except a presidential pardon, which is not on the cards.

Pistorius approached the Constitutional Court last year after his sentence was lengthened by the Supreme Court of Appeal (SCA).

The Paralympian was initially found guilty of culpable homicide by Judge Thokozile Masipa in the High Court in Pretoria in 2013, but that was set aside by the SCA, which convicted him of murder for the 2013 Valentine’s Day shooting of Steenkamp.

Pistorius is currently serving time at a Pretoria prison catering for people with disabilities.

Also read:

Oscar Pistorius denied leave to appeal in Constitutional Court

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