AfriForum opens criminal case against Malema and Shivambu over VBS
FILE PICTURE: Prosecutor Gerrie Nel is seen during sentencing of Oscar Pistorius. Picture: Antoine de Ras/Independent Newspapers/ Pool
“It is not true,” spokesman Nathi Mncube said in an sms.
He denied a Sunday Times report that State prosecutor Gerrie Nel would discuss the matter with National Director of Public Prosecutions Mxolisi Nxasana on Monday. Nxasana would reportedly decide whether to appeal.
According to the report, the appeal process was scheduled to start on November 3.
On Tuesday Pistorius was sentenced to five years in prison for the culpable homicide of his girlfriend, law graduate and model Reeva Steenkamp. For discharging a firearm at Tasha’s restaurant in January 2013, he was sentenced to three years’ jail, suspended for five years. The sentences would run concurrently, Judge Thokozile Masipa ruled.
The NPA said on Tuesday there was an “appetite” to appeal the five-year jail sentence.
“There is an appetite to appeal, and we have 14 days to consider the law and ensure the facts and the law allow us to appeal,” Mncube said at the time.
The same day, Nxasana told Parliament he would discuss the Pistorius sentence, and a possible appeal, with prosecutors.
On Friday, Mncube said the NPA had not decided whether it would appeal.
Wits law professor James Grant on Friday wrote on social networking site Twitter that Nel had asked for his advice about an appeal.
“I can confirm advocate Nel has consulted me for advice and assistance if he appeals. I have advised that he should appeal and agreed to assist.”
– Sapa
Download our app and read this and other great stories on the move. Available for Android and iOS.