ConCourt - Oscar Pistorius's last hope

The athlete says the Supreme Court of Appeal had denied him the right to a fair trial.

Oscar Pistorius arriving at the High Court in Pretoria ahead of his bail application on 8 December 2015. Picture: Pool.

JOHANNESBURG - Convicted murderer Oscar Pistorius has pinned his hopes on the Constitutional Court to stay out of prison as he argues that Supreme Court of Appeal (SCA) denied him the right to a fair trial.

SCA: Oscar murdered Reeva

The High Court in Pretoria yesterday released the athlete on R10,000 barely a week after the his culpable homicide conviction was set aside.

Pistorius shot and killed his girlfriend Reeva Steenkamp on Valentine's Day in 2013.

He argues that the SCA i ncorrectly reconsidered the trial courts factual findings and that he genuinely feared for his life when he fired the shots that killed Steenkamp.

However, a large section of his argument is based on the legal opinion of a Dr Roche Steyn, whose column was published on the eNCA website, a day before the appeal court ruling.

Pistorius's brother Carl tweeted over the weekend that Steyn's opinion was the best explanation of dolus eventualis that he's read.

Pistorius is due back in court for sentencing in April.


Some legal experts believe Pistorius does have the grounds for the Constitutional Court to hear his appeal against his conviction.

Advocate Mannie Witz says the Constitutional Court will hear an appeal if an applicant meets certain criteria.

WATCH: Oscar Pistorius' conviction overturned to murder

"The grounds of it firstly must be of national importance, and secondly your right as an accused must be infringed or impacted upon."

Attorney Tyrone Maseko has a mixed view on Pistorius's prospects.

"I don't think the case is strong enough to overturn the judgment of the SCA . However, I think there is merit in actually hearing the matter."

Pistorius now has 15 days within which to file his appeal with the Constitutional Court.


The convicted murderer will be spending the festive season under house arrest with his family after the being granted bail.

Judge President Aubrey Ledwaba considered the state's argument that Pistorius should not be allowed to leave his uncle's home.

WATCH: Pistorius granted bail under strict conditions

But Ledwaba says he feels this isn't in the interests of justice, saying he may be permitted to leave with permission of his investigating officer during specific times.

"He is only allowed to travel within the radius of 20 kilometres from the house between 7am and 12 noon."

The only difference about his conditions this time is that he is wearing a tag and correctional services can track his movements.