Pistorius will not be released on parole
Michael Masutha, head of the South African justice system, has referred the case to the parole review board – meaning the athlete will not be free to leave this week.
Under South African law, criminals with sentences of five years or less can be released on parole after serving one-sixth of their sentence.
The paralympian shot his girlfriend Reeva Steenkamp on the night of Valentine’s Day in 2013, shooting four times with a large caliber weapon on the door of the bathroom where she was.
He said: “It is therefore clear that there is no legal basis upon which such a decision was made”.
This followed a petition from the Progressive Women’s’ Movement of SA opposing Pistorius’s release on Friday.
It is up to that review board to decide whether the parole board’s initial decision, made in June, will still stand.
The prosecutors who tried and failed to get Pistorius convicted of premeditated murder have filed papers with South Africa’s Supreme Court asking that his manslaughter conviction be overturned and that he be declared guilty of murder and sent back to prison for 15 years.
He was acquitted of murder and convicted of culpable homicide, an unintentional but still unlawful killing.
The Olympic athlete was sentenced in October 2014 to five years for manslaughter after shooting dead Steenkamp.
The athlete nicknamed “Blade Runner” had served just eight months instead of 10 when the decision was made to let him serve the rest of his sentence under house arrest.
The group argued that it would be insensitive for authorities to transfer Pistorius in August, which is Women’s Month in South Africa, the office said.
In March a Johannesburg court blocked his legal team’s attempts to stop the prosecutors’ appeal.
Pistorius became an iconic figure during the 2012 Olympics, competing as an amputee in the 400-meter and 4×400-meter races.
Masutha, who oversees the justice and correctional services departments, was “considering” the petition, the justice department said. Pistorius said he mistook her for an intruder and fired in self-defense.
Steenkamps’ parents submitted a letter urging the parole board not to release Pistorius early.
Pistorius, whose legs were amputated before his first birthday, was famed for his track career.