Justice eventualis - What happens to Oscar Pistorius now?

Pistorius may now face being rearrested after his culpable homicide conviction was overturned.

FILE: Oscar Pistorius waits to hear he will have to appear in court and if he will have to apply for bail.Picture: Pool.

JOHANNESBURG - Oscar Pistorius will now wait to hear when he'll have to appear in court and if he'll have to apply for bail.

Legal opinions differ on what the next steps are and whether or not the convicted murderer will stay at his uncle's mansion until a new sentence is handed down.

Some experts suggest that he is still technically serving his sentence for culpable homicide and the status quo should remain until the high court hands down a new sentence.

But the order handed down yesterday clearly states that both the conviction and the sentence have been set aside.

Criminal lawyer Billy Gundelfinger says the athlete will have to appear in court and apply for bail.

"Gerrie Nel would be entitled to issue a warrant and bring him before court. In practical terms, what would happen is an arrangement in these circumstances is normally made."

This means Pistorius could be making a court appearance in the next few days.

Attorney Ulrich Roux says this must mean that Pistorius is technically no longer under correctional supervision.

"So Oscar at the moment is so to speak, a free man. I do expect the State to bring an application to have him arrested and to bring him before a court then he will be given the opportunity to apply for bail.

Other lawyers say Pistorius is still technically serving his sentence.

There is no real precedent to go on here and even the prosecutors aren't entirely sure what should happen next.

It will be up to the High Court registrar to provide clarity in the coming days and determine whether a warrant should be issued.

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