Pretoria – Political party, the Forum 4 Service Delivery (F4SD) has criticised the five year jail sentence handed to Walter Sisulu University (WSU) student Sibongile Mani in connection with the R14 million erroneously credited to her account by the National Student Financial Aid Scheme (NSFAS) in 2017.
Mani spent about R800 000 of the windfall before she was arrested and prosecuted.
Despite being sentenced to five years imprisonment, Mani was not immediately jailed after her lawyers launched an appeal of the conviction and sentence. The appeal will be heard on April 11.
President of the F4SD Student Forum, Jacky Nonong said the East London Regional Court was too harsh with the sentence, considering that the Department of Correctional Service highlighted in its pre-sentencing report that Mani was not suitable for prison because she is not a danger to society and prisons are overcrowded.
“The sentence disseminated on Sibongile is more like a death (sentence) because she has already suffered a lot mentally now physically at the overcrowded jail cells. The report by the correctional service is clear that she is not flight risk let alone danger to the community,” Nonong said.
She said F4SD Students Forum has made enquiries, to engage Mani’s lawyers, and will further engage the family in order to appeal the “harsh unfair sentence imposed by court”.
“F4SD Students Forum holds strong view that there are compelling reasons for another court of law to overturn or minimise the five-year sentence dished on our fellow student,” Nonong said.
“Sibongile Mani was very remorseful through the trial. We are talking about a first offender who was the only hope of the family. F4SD Students Forum further noted that our justice system is not for the poor since it favours the rich and the few connected.”
On Wednesday, East London Regional Magistrate, Twanette Olivier, sentenced Mani to five years imprisonment.
“The state will oppose the appeal, and the arguments for the opposition will be ventilated on when the appeal is heard. Mani remains out on bail.
“After the sentencing, the defence expressed its intention to appeal both the conviction and the sentence, and the case was provisionally postponed to 11 April for the appeal to be heard.
“The state will oppose the appeal, and the arguments for the opposition will be ventilated on when the appeal is heard. Mani remains out on bail," said NPA spokesperson in the Eastern Cape, Luxolo Tyali.
Mani, a student at the Walter Sisulu University, made headlines after R14m was deposited into her student account by mistake.
Tyali said Mani went on a 76-day 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 said.
The NPA said 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.
IOL