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Oscar Pistorius has approached the Constitutional Court regarding his release on parole. Photo by Getty Images
THE Department of Correctional Services has rejected what it calls reckless and misleading reports on Oscar Pistorious’ release on parole.
The reports stated that the department had admitted that Pistorius became eligible for parole six months ago and should already have been considered for release.
This comes after Pistorius approached the Constitutional Court to have it overturn the decision to deny him parole. He argued that the time he has spent in jail means he is eligible for early release.
In his letter to the Constitutional Court, Pistorius said: “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.”
But according to the department, it filed papers to the Constitutional Court in relation to an application brought forward by Pistorius, but did not make the reported admission, which is clearly orchestrated to influence the decision of the apex court.
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“We can confirm that clarification in our submission is sought in relation to multiple orders received from the Supreme Court of Appeal antedating the sentence date of offender Pistorius,” said department spokesman Singabakho Nxumalo.
He said that only an effective period of imprisonment of 15 years can be antedated to 21 October 2014, but an effective period of imprisonment of 13 years, five months, as ordered by the Supreme Court of Appeal, is to be antedated to 6 July 2016 because it is then that the applicant had already served the 17 months.
“The department’s position is that, in the absence of any variation or rescission order of the 21 January 2021 order, that order stands to be obeyed until set aside by a court of competent jurisdiction.
“Not opposing the submission by the applicant does not mean that we are admitting having acted otherwise and it is rejected that the media has interpreted this incorrectly, resulting in misleading headlines and reports which tarnish the image of Correctional Services,” he said.
Nxumalo emphasised that the department has to take into consideration court orders when admitting and calculating sentence periods, thus determining the minimum period for parole consideration.
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