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Has politics intruded in the Pistorius case? | Has politics intruded in the Pistorius case? |
(about 7 hours later) | |
Oscar Pistorius spent an unexpected weekend in jail - his release into "house arrest" or correctional supervision was stalled at the last minute by a demand from the Justice Minister Michael Masutha for the decision to be reviewed. | Oscar Pistorius spent an unexpected weekend in jail - his release into "house arrest" or correctional supervision was stalled at the last minute by a demand from the Justice Minister Michael Masutha for the decision to be reviewed. |
There may not be many tears shed for the 28-year-old athlete, by those who question that he was convicted of manslaughter, not murder but an appeal on that matter is due in November and it will be up to the judges to decide. | |
But what happens in the next few weeks, possibly months, regarding the release of the world famous athlete into house arrest, could have far reaching consequences for thousands of other inmates. | But what happens in the next few weeks, possibly months, regarding the release of the world famous athlete into house arrest, could have far reaching consequences for thousands of other inmates. |
It could also create an administrative nightmare for the 52 parole boards, charged with deciding the fate of prisoners in South Africa's packed jails. | It could also create an administrative nightmare for the 52 parole boards, charged with deciding the fate of prisoners in South Africa's packed jails. |
An overwhelming number of experts agree that the minister has a "valid legal point" in challenging the timing and mechanics of how the decision to release Pistorius was reached. | An overwhelming number of experts agree that the minister has a "valid legal point" in challenging the timing and mechanics of how the decision to release Pistorius was reached. |
But how much did political expediency play a part? | But how much did political expediency play a part? |
Was the minister merely political point scoring by announcing his objection three days before Pistorius was due to be released, making himself available to the press on what would have been Reeva Steenkamp's 32nd birthday? | Was the minister merely political point scoring by announcing his objection three days before Pistorius was due to be released, making himself available to the press on what would have been Reeva Steenkamp's 32nd birthday? |
It begs the question: if Pistorius wasn't a high profile prisoner, would the minister have bothered? | It begs the question: if Pistorius wasn't a high profile prisoner, would the minister have bothered? |
At stake is whether the champion athlete nick named the "blade runner" was given preferential treatment over more than 3,000 other inmates considered for correctional supervision. | At stake is whether the champion athlete nick named the "blade runner" was given preferential treatment over more than 3,000 other inmates considered for correctional supervision. |
Was the decision, made in June - two months before he' had served his mandatory one sixth of his sentence - premature? | Was the decision, made in June - two months before he' had served his mandatory one sixth of his sentence - premature? |
Women's group demands | Women's group demands |
It has emerged that the demands of a women's lobby group (with close links to the ruling party's ANC Women's League) who presented a petition to review the decision on the grounds of "sensitivity", were initially ignored by South Africa's Justice department. | It has emerged that the demands of a women's lobby group (with close links to the ruling party's ANC Women's League) who presented a petition to review the decision on the grounds of "sensitivity", were initially ignored by South Africa's Justice department. |
They then resurfaced just days before Pistorius was due for release on 21 August. | They then resurfaced just days before Pistorius was due for release on 21 August. |
Did the minister spot a photo opportunity, some mutter, cynically? | Did the minister spot a photo opportunity, some mutter, cynically? |
Jacqui Mofokeng, one of he leaders of the Progressive Women's Movement of South Africa told me it was not a political move on the part of the Minister, and played down any suggestions of political leverage her group had applied. | Jacqui Mofokeng, one of he leaders of the Progressive Women's Movement of South Africa told me it was not a political move on the part of the Minister, and played down any suggestions of political leverage her group had applied. |
"It was a petition, but it doesn't mean that it was lobbying," she told me. | "It was a petition, but it doesn't mean that it was lobbying," she told me. |
She said she had spoken to the Steenkamp family the evening the justice minister had made his decision, and said she had their "blessing". | She said she had spoken to the Steenkamp family the evening the justice minister had made his decision, and said she had their "blessing". |
There is no doubt South Africa has a deplorable record when it comes to domestic violence and women's groups have worked tirelessly to raise the profile of what is often a silent issue. | There is no doubt South Africa has a deplorable record when it comes to domestic violence and women's groups have worked tirelessly to raise the profile of what is often a silent issue. |
Some 1,024 women were killed in domestic violence incidents last year. | Some 1,024 women were killed in domestic violence incidents last year. |
Prison system pressure | Prison system pressure |
Reeva Steenkamp's family, who are setting up a foundation to draw attention to this form of crime, have found an unlikely ally with the ANC - South Africa's ruling party. | Reeva Steenkamp's family, who are setting up a foundation to draw attention to this form of crime, have found an unlikely ally with the ANC - South Africa's ruling party. |
But some fear there is a real danger that the Pistorius case is being used as a political tool with the unintended consequence of causing a log jam in South Africa's already stretched prison system? | But some fear there is a real danger that the Pistorius case is being used as a political tool with the unintended consequence of causing a log jam in South Africa's already stretched prison system? |
Do we care? | Do we care? |
Perhaps we should when South Africa's prison population is the eighth highest in the world, according to the International Centre for Prison Studies, and like in many other countries, alternatives to incarceration are being considered by penal authorities in South Africa. | Perhaps we should when South Africa's prison population is the eighth highest in the world, according to the International Centre for Prison Studies, and like in many other countries, alternatives to incarceration are being considered by penal authorities in South Africa. |
When sentencing Oscar Pistorius last year, Judge Thokozile Masipa explicitly said she wanted to dispel any impression that the champion athlete was being treated differently from other prisoners and that "there was one law for the poor and disadvantaged and another for the rich and famous". | When sentencing Oscar Pistorius last year, Judge Thokozile Masipa explicitly said she wanted to dispel any impression that the champion athlete was being treated differently from other prisoners and that "there was one law for the poor and disadvantaged and another for the rich and famous". |
However, the events of last week seem to indicate that the politicians have done exactly the opposite. | However, the events of last week seem to indicate that the politicians have done exactly the opposite. |
Mannie Witz, a barrister who has been watching the Pistorius case closely says in practice, for inmates who are considered for correctional supervision, the process begins several months before their "time is up". | Mannie Witz, a barrister who has been watching the Pistorius case closely says in practice, for inmates who are considered for correctional supervision, the process begins several months before their "time is up". |
This is in accordance with regulations. | This is in accordance with regulations. |
"If you are going to be released on a particular date, there are a whole load of checks and balances that need to be carried out. | "If you are going to be released on a particular date, there are a whole load of checks and balances that need to be carried out. |
"In practice the way it has always worked is that you have to have this done, before the actual day." | "In practice the way it has always worked is that you have to have this done, before the actual day." |
If the review team, called upon by the Justice Minister to review the decision, finds that in the athlete's case it was premature, "then they will have to review every other case", warns Mannie Witz. | If the review team, called upon by the Justice Minister to review the decision, finds that in the athlete's case it was premature, "then they will have to review every other case", warns Mannie Witz. |
That could cause delays of months, in some cases years. | That could cause delays of months, in some cases years. |
Excessive delays could also prompt human rights challenges in the constitutional court. | Excessive delays could also prompt human rights challenges in the constitutional court. |
Political concerns | Political concerns |
The creeping of party politics into legal cases is not a uniquely South African issue, but the Pistorius case has revived concerns among defenders of the country's democratic credentials. | The creeping of party politics into legal cases is not a uniquely South African issue, but the Pistorius case has revived concerns among defenders of the country's democratic credentials. |
"Politics is not sneaking into South African law it galloping in thunderously", is the view from retired Judge Johann Kriegler who heads up the lobby group Freedom Under Law, which has repeatedly sounded warnings about "political interference" . | "Politics is not sneaking into South African law it galloping in thunderously", is the view from retired Judge Johann Kriegler who heads up the lobby group Freedom Under Law, which has repeatedly sounded warnings about "political interference" . |
The stalling of Oscar Pistorius's release happened on the same week as charges against a senior figure in South Africa's National Prosecuting Authority, appointed by President Jacob Zuma, were dropped. | The stalling of Oscar Pistorius's release happened on the same week as charges against a senior figure in South Africa's National Prosecuting Authority, appointed by President Jacob Zuma, were dropped. |
The case of Advocate Nomgcobo Jiba occupied hundreds of column inches in the South African newspapers. | The case of Advocate Nomgcobo Jiba occupied hundreds of column inches in the South African newspapers. |
It is a complex case, filled with political intrigue which consequently received very little attention from the international media. | It is a complex case, filled with political intrigue which consequently received very little attention from the international media. |
But it is an important example of what some see as a worrying trend and the elephant in the corner which the Oscar Pistorius obsession eclipsed. | But it is an important example of what some see as a worrying trend and the elephant in the corner which the Oscar Pistorius obsession eclipsed. |
Blurred lines | Blurred lines |
David Lewis of the monitoring group Corruption Watch, is among those increasingly concerned about the blurring of lines which separate party politics and state machinery. | David Lewis of the monitoring group Corruption Watch, is among those increasingly concerned about the blurring of lines which separate party politics and state machinery. |
He agues that whilst there may have been "gross interference in the organisation and composition and decisions made by prosecuting authorities (such as the National Prosecuting Authority) miraculously the judiciary have managed to assert themselves and remain independent". | He agues that whilst there may have been "gross interference in the organisation and composition and decisions made by prosecuting authorities (such as the National Prosecuting Authority) miraculously the judiciary have managed to assert themselves and remain independent". |
That should give some comfort to those monitoring Oscar Pistorius "correction supervision" decision, on the look out for political meddling. | That should give some comfort to those monitoring Oscar Pistorius "correction supervision" decision, on the look out for political meddling. |
A judge leading up a panel of four other experts will review the circumstances of him getting the green light to leave prison on 21 August. | A judge leading up a panel of four other experts will review the circumstances of him getting the green light to leave prison on 21 August. |
No one is questioning the independence of that body. | No one is questioning the independence of that body. |
The Justice minister's actions in the Pistorius case may have been variously described to me by critics as " distasteful" "clumsy" "crass" and "crude", regardless of where they stand on the murder versus manslaughter verdict. | The Justice minister's actions in the Pistorius case may have been variously described to me by critics as " distasteful" "clumsy" "crass" and "crude", regardless of where they stand on the murder versus manslaughter verdict. |
However, those who watch these matters closely, say the spotlight really needs to be refocused on those who - unlike Pistorius - haven't yet entered the judicial system, and who may never get their day in court, thanks to friends in high places. | However, those who watch these matters closely, say the spotlight really needs to be refocused on those who - unlike Pistorius - haven't yet entered the judicial system, and who may never get their day in court, thanks to friends in high places. |
Oscar Pistorius: | Oscar Pistorius: |
The making and unmaking of Oscar Pistorius | The making and unmaking of Oscar Pistorius |
Oscar Pistorius - in 60 seconds | Oscar Pistorius - in 60 seconds |