Tuesday 21 October 2014

Oscar Pistorius Sentencing

On the second day of the United Nations Framework Convention on Climate Change (UNFCCC) October meeting South Africa has finally passed sentence on Oscar Pistorius after a week of delays. For the offence on Culpable Homicide in relation to the death of Reeva Steenkamp Pistorius has been sentenced to five years in prison.

Under South African law one of the big test cases for the charge of Culpable Homicide is State v Van As (1979). Here the defendant slapped a man in the face during an argument. That man fell to the floor, banged his head and subsequently died. The defendant was sentenced to a fine of R50 (USD1.8) and one month in prison.

In State v Dube (1999) the defendant crashed a bus he was driving in Lydenburg killing 28 people including 27 British tourists. He was sentenced to 6 years in prison.

In Sate v Ndlovu (2011) the defendant crashed a bus he was driving in Limpopo killing 14 people. He was fined R20,000 (USD1800) and served no jail time.

As such it is impossible to view Oscar Pistorius' sentence of 5 years imprisonment as anything other then grossly and maliciously excessive.

Therefore I expect the next chapter in this saga will be Pistorius appealing that sentence treating us all to another round of Court room drama. Then once Pistorius' sentence has be reduced to time served the State Prosecutor Gerrie Nel - who still seems to believe that Pistorius was convicted of murder - will face a misconduct hearing in order to promote discussion about political interference within the South African legal system.

With President Zuma and his spy types that's something of a very hot issue in South Africa at the moment.


15:30 on 21/10/14 (UK date).

No comments: