Oscar Pistorius arrives at the North Gauteng High Court in Pretoria, South Africa, on Oct. 21, 2014. South African Gauteng High Court Judge Thokozile Masipa on Tuesday sentenced South African Olympic and Paraolympic athlete Oscar Pistorius to 5 years in jail for killing his girlfriend Reeva Steenkamp at his Pretoria home on February 14, 2013. (Xinhua file photo/Zhai Jianlan)
By Thuso Khumalo
JOHANNESBURG, Oct. 15 (Xinhua) -- South African Paralympian Oscar Pistorius's parole request has been granted and he is set to be released next week, the Parole Board said on Thursday.
At a meeting in Pretoria, the board agreed to release Pistorius under correctional supervision, to serve the rest of his sentence under house arrest.
Pistorius will be going home on Tuesday, barely a year into his five-year prison term for shooting and killing his girlfriend Reeva Steenkamp.
The Parole Board had initially allowed Pistorius's release on August 21, 2015, but the Minister of Justice Correctional Services Michael Masutha reversed this decision, arguing that it was taken prematurely.
Under the South African law, a prisoner can only apply for parole after spending a sixth of his sentence behind bars.
Pistorius will be staying at his uncle's house since he sold his own house to cover legal costs. Prison authorities have not specified the conditions under which Pistorius will serve his parole.
However, legal expert Advocate Gabriel Shumba said that although his freedom will be restricted, serving at home will be far much better that staying in prison.
"He might even be allowed days out to play, to engage in training and to even play golf some of the days.
"It all depends on what the conditions and it does not necessarily amount to house arrest," said Shumba.
Shumba warns that Pistorius's restricted freedom could be short lived. On November 3 this year, prosecutors will appeal his five-year capable homicide sentence at the Supreme Court of Appeal.
The state believes that judge Thokozile Masipa failed to interpret properly the principle of dolus eventualist, which is the law of intent to kill.
The state wants the Supreme Court to rule that Masipa erred in her judgement and insists that Pistorius should instead be found guilty of murder not capable homicide.
Shumba said, "If the Supreme Court decides that Judge Masipa was not correct, it will certainly have the power to give him a fresh conviction of murder and to increase his sentence to 15 years.
"If it finds him guilty of murder in the first degree, his sentence can actually be increased to life, which equates to 25 years in jail in this country."
Pistorius's release attracted mixed reactions.
Steenkamp's family submitted a letter to the Parole Board, saying they did not think that spending only 10 months in prison was a fair sentence to someone who killed their daughter.
Other South Africans also feel Pistorius was highly favoured, with some even alleging that this was because he has money and he is famous.
Brenda Mdlalose, a Johannesburg woman, said Pistorius should have not been released. "I think other women agree with me in saying that he should actually go back to prison.
"They should review the matter. In fact I do not think he should come out at all," said Mdlalose.
However, another South African citizen John Mali said Pistorius has been punished long enough and it is time to move on.
Mali said, "The outcome is okay. Personally I feel that it is fair."
Shumba said all due process was followed in Pistorius' release and there was no favour granted to him. He said there are thousands of other South Africans who are out on parole.
