Pistorius was handed a five-year prison sentence in October after being found guilty of culpable homicide.

In December, Judge Thokozile Masipa gave permission for the state prosecutors to appeal this verdict, but not the five-year prison sentence.

But Pistorius' lawyers are now challenging the decision and are due to appear before Judge Masipa at the South Gauteng high court in Johannesburg on March 13.

Although they do not want the culpable homicide verdict to be overturned, they intend to cite previous cases to back their argument that the appeal should not be allowed.

"We will argue that these are matters of fact, rather than matters of law," said Pistorius' lawyer Brian Webber.

Judge Thokozile Masipa ruled in December that her culpable homicide verdict can be appealed by state prosecutors ©Getty Images



Judge Masipa acquitted Pistorius of pre-meditated murder, and the lesser charge of dolus eventualis, however, prosecutors have argued that this showed a misinterpretation of the law.

In South African law, this charge applies if the accused knew they might kill someone but still went ahead with their course of action.

Giving them permission to appeal in December, she said: "I cannot say...that the prospect of success at the Supreme Court of Appeal is remote."

Pistorius could yet be found guilty of the murder of Steenkamp on Valentine's Day, more than two years ago. 

Should this be the case, the Paralympic and Olympic sprinter could be faced with a minimum 15-year prison term.

Double-amputee Pistorius is currently serving his sentence in a Pretoria's Kgosi Mampuru II prison but could be moved to house arrest in August. 

He told the court that he mistook Steenkamp for a burglar, while prosecutors argued that he shot her after a row at his home in Pretoria. 

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