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

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

Prosecutors are seeking a murder conviction with the case now set to go to the Supreme Court of Appeal in Bloemfontein.

"I cannot say ... that the prospect of success at the Supreme Court of Appeal is remote," said Judge Masipa.

"I am also of the view ... this might have a practical effect.

"The application therefore in respect of count one is decided in favour of the applicant [the state].

"The application for leave to appeal against the sentence is dismissed."

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


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

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

With Judge Masipa's ruling, Pistorius could yet be found guilty of the murder of girlfriend Reeva Steenkamp on Valentine's Day last year.

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

Double-amputee Pistorius is serving his sentence in a Pretoria's Kgosi Mampuru II prison and was not in court today or for the start of the appeal hearing yesterday.

Following the decision, Nathi Mncube, spokesman for the National Prosecuting Authority, said: "We're happy.

"Our argument was that he should have been convicted of murder, and then would have been sentenced to a minimum sentence of 15 years.

"That is, of course, what we would like to happen.

"It isn't about winning - it's about justice."

The dates of the appeal will now be set by the Supreme Court with this process likely to take place next year.

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