Oscar Pistorius latest: the NPA appeals Judge Masipa’s findings

JOHANNESBURG (UPDATED Wednesday, 5 November 2014) The National Prosecuting Authority (NPA) yesterday filed its appeal against the conviction and sentencing of Oscar Pistorius on a charge of culpable homicide.

The NPA described Judge Thokozila Masipa’s sentence of five years in jail for the death of his girlfriend Reeva Steenkamp in February 2013, as “shockingly light’ and “inappropriate” and said it “would not have been imposed by any reasonable court”. The prosecution is also appealing against Oscar’s murder acquittal.

Ahead of the NPA’s appeal, Advocate Gerrie Nel consulted Professor James Grant of the Wits School of Law who had previously criticised the judge for making a “mistake of law” when she cleared Oscar on the murder charge.

Grant also disagreed with her application of the principle of dolus eventualis, a problematic term with a complex meaning relating to intention in law.

It is widely hoped that the appeal will once and for all clarify the guidelines and application of dolus eventualis in South African courts.

While Judge Masipa’s findings have received a drubbing from many detractors, there are also experts in the field who are confident they were sound.

Talking to Radio 702 yesterday, Kelly Phelps, of the Public Law Department at the University of Cape Town, once again stood firmly behind Judge Masipa’s reasoning and verdict of culpable homicide.

As the judge on the case, it is Judge Masipa’s prerogative to grant or oppose permission to appeal although given the controversy surrounding her verdict and sentence, she’s highly unlikely to oppose it.

The NPA’s submission will have been based on questions of law as ‘factual errors’ are excluded as grounds for an appeal.

An NPA spokesperson said if permission to appeal was granted by Judge Masipa, it was expected for the case to be heard by the Supreme Court of Appeal.