Sibongile Mani found guilty for spending NSFAS money that was send in her account mistakenly

 


Walter Sisulu University (WSU) student Sibongile Mani was found guilty of theft in connection with R14 million accidentally credited to her account by the National Student Financial Aid Scheme (NSFAS) in 2017.

The East London Regional Court's magistrate, Twanette Olivier, on Monday found Mani guilty of stealing R818 000 of the funds.

The court dismissed Mani's version that she had no intention to deprive NSFAS of its money and that she had no knowledge of the specification of the loan agreement she had with NSFAS.  

She was only entitled to a R1 400 food allowance and was accused of failing to report when R14 million was instead credited to her erroneously. She chose to embark on a spending spree

Addressing Mani, Olivier said: "These actions speak of someone whom the court finds knows the system, how it is implemented and most specifically how it may be bypassed.

"It [the theft] was well-orchestrated. Your actions do not speak of a person who lacks knowledge. The evidence of each witness was clear and direct. Each witness testified on the certain aspect of the process followed by WSU, NSFAS and Intellimalil per duties and tasks. Witness testimonies were further collaborated by documented evidence which was placed on record in detail." 

Olivier said she found the testimonies by State witnesses truthful and honest, and that the State's version was reliable.

"The court finds that the accused's version of events, in so far as it differs from that of State witnesses, to be unsatisfactory and false.

"No other inference can be drawn by the court, other than that the accused knew very well that her actions were unlawful, and the only other inference to be drawn is that she had the required intent to commit theft as required when applying the subjective test.

"This is said with reference to how she [Mani] managed to plan and orchestrate her unlawful actions with regards to times, places amounts and cities. Her actions do not reflect those of a person acting without intentions. Mani was found guilty and sentenced for five years 

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