The National Prosecuting Authority has hailed the judgment which essentially means student aid funds thief Sibongile Mani is off the hook for jail time.
In a clear indication that it will not take the matter any further, the NPA said it welcomed the Makhanda high court appeal judgment.
While the high court confirmed Mani’s conviction for the theft of R800,000 National Student Financial Aid Scheme (NSFAS) money, it set aside the five-year direct prison sentence imposed by the East London regional court in 2022.
Instead, it sentenced Mani to a suspended five-year imprisonment term on condition that she is not convicted of an offence involving fraud or theft during the period of suspension.
In addition, she has been sentenced to three years of correctional supervision, 576 hours of community service without compensation at a community institution, and she must attend regular counselling and rehabilitative correctional services department programmes.
NSFAS accidentally credited Mani’s account with R14m instead of her monthly R1,400 student stipend.
She proceeded to blow R800,000 in a spectacular 76-day spending spree largely on luxury goods such as handbags, jackets, alcoholic drinks and cigarettes.
NPA spokesperson Luxolo Tyali said both the East London regional court and the Makhanda high court had found Mani knew her actions were unlawful and that she had intentionally committed fraud.
“The court found that ... she was a student activist who knew and understood the processes of student financial aid, demonstrated that she deliberately committed the theft and knew that what she was doing was wrong.”
Tyali said both courts had also found the state’s evidence and version of events to be truthful and reliable.
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