Oscar Pistorius sentence: you might not like it, but it is the law

The six-year sentence against disgraced Paralympian Oscar Pistorius for murdering his girlfriend, Reeva Steenkamp, has sparked controversy.

South Africans and the world are split over the fairness of the sentence handed down by High Court Judge Thokozile Masipa.

Some feel it’s too lenient while others are of the view that justice has been served. The Conversation Africa’s politics and society editor, Thabo Leshilo, quizzed University of Cape Town Law Researcher Rudo Chitapi on the matter.

Please put the sentence into perspective.

In South Africa courts have a wide discretion to determine sentences in order to arrive at punishment that is not only fair and just. Punishment must also accord with constitutional purposes of criminal sanction. These seek to ensure that sentences are not just retributive but also rehabilitative and restorative.

Thus, while minimum sentence legislation in South Africa does prescribe that murder should carry a minimum sentence of 15 years’ imprisonment for a first-time offender, courts have a wide discretion to deviate. That is in keeping with the aim to be just where they find “substantial and compelling circumstances”.

In this case Judge Thokozile Masipa found (judgment still to be published) that the mitigating factors outweighed the aggravating factors such that “substantial and compelling circumstances” were deemed to be present, which justified an imposition of a sentence of six years’ imprisonment.



One of the key mitigating factors that played a role in this finding was Pistorius’ remorse. He had made several attempts at an apology to Reeva Steenkamp’s family. Also, in the immediate aftermath of the incident, he had pleaded to God and bystanders for the deceased’s life.

Is the six-year sentence for murder peculiar?

Although some people might feel that the six-year sentence is “too light” for murder, Judge Masipa’s account of her decision followed recognised and accepted principles of sentencing law in South Africa.

Discretion to decide a sentence plays a wide role in sentencing procedure. Nevertheless, courts have held that the discretion afforded to judicial officers in sentencing is to be exercised judicially. That means judges are to exercise their discretion properly and reasonably.

Over the years, courts have developed guidelines that provide a framework within which their discretion is to be exercised. In order to arrive at a judicially appropriate sentence, courts must consider what in law is often referred to as the “Zinn Triad” – an appropriate balance between the personal circumstances of the accused, the seriousness of the offence and the interests of society.

In the Pistorius case, Judge Masipa indeed demonstrated a well-considered and determined engagement with those factors. What is perhaps most interesting about her judgment is her engagement with the third leg of that triad. She chose to address the matter of public perception in more detail.