COURT GRANTS SIBONGILE MANI LEAVE TO APPEAL SENTENCE
The East London Regional Court has on Friday granted the Walter Sisulu University student, who was convicted for theft of Nesfas money a leave to appeal the sentence.
Sibongile Mani, who was convicted for theft of more than R800 000 of Nesfas funds was in court applying to appeal her conviction.
Magistrate Twanet Olivier denied Mani’s application to appeal her conviction. However, she granted the student leave to appeal her sentence.
Mani brought the application after the court sentenced her to serve five years imprisonment, subject to the provisions of Section 276 (1) i. of the Criminal Procedure Act. That effectively means that Mani will serve one-sixth of the sentence in custody after which, subject to the discretion of the Commissioner of Correctional Services, she may be released to serve the rest of the sentence outside, by conditions the Commissioner may deem fit.
The student received more than R14 million into her student account from the National Student Financial Aid Scheme (NSFAS) and spent over R800 000.
The court found that the state proved its case beyond reasonable doubt and no other court could arrive at a different verdict. Mani knew that her actions were unlawful and therefore had the intent to commit theft, Magistrate Olivier stressed.
Before the R14 million, which was deposited into her account erroneously, she never spent her R1400 monthly stipend on prohibited items in terms of the NSFAS funding rules. However, she went on a 76-days spending spree, splurging over R800 000 on several prohibited items which included 11 blankets, nine bath sheets, various shorts for men, a variety of alcoholic drinks, cigarettes, 24 jackets and handbags. She also spent the money in different towns, which was proof that she had planned the theft. The court found that the above matters and the fact that she was a student activist, who knew and understood the processes of student finances, demonstrated that she deliberately committed the theft and knew what she was doing was illegal.
Mani did not take the court into her confidence as she declined to testify during the trial, choosing to exercise her right to remain silent. As a result, the court predominantly relied on the evidence of the state to make a judgement. The court found the state’s evidence and version of events to be truthful and reliable.
The prosecution accepted the sentence as appropriate and will argue as such when the appeal is heard.
The NPA welcomes the East London Regional Court’s judgment on the application for leave to appeal by the Walter Sisulu University (WSU) student,
Mani remains out on bail.
