Sibongile Mani is accused of theft after spending a portion of the R14 million NSFAS accidentally paid into her account. The former Walter Sisulu University student received the funds in 2017 and within 73 days had spent R820 000.
The former accounting student was supposed to receive her monthly R1,400 food allowance but due to a technical glitch, R14 million was credited to her account.
She was arrested in May 2018 by the Hawks and her case resumed at the East London regional court.
On Tuesday, Sibongile’s lawyer told the court that while she spent some of the money, she is no thief.
According to the state, Sibongile failed to report the error and instead went on a shopping spree. Between 1 June when she received the money and 13 August when NSFAS picked up the error, she had spent almost R11 000 a day.
She maintains her innocence although she knew the money was not hers to spend. Sibongile’s student card was blocked immediately after NSFAS picked up the error.
Pleading innocence
Her lawyer, Asanda Pakade argued that her client did not breach any systems to access the funds. They are contesting the charge of theft because the R14 million transfer was an error on NSFAS’s side not Sibongile’s.
Pakade insisted that when Sibongile noticed the payment she reported it directly to NSFAS and the Walter Sisulu University.
Speaking to journalists outside the court, Sibongile said “The case is not about how the credit was spent. It’s about theft, and we are arguing against the theft charge. I spent money but I didn’t steal!”
Sibongile’s lawyer submitted an application for her discharge at the conclusion of the State’s case, saying it had failed to prove beyond reasonable doubt that she stole the money.
Judge Twanet Olivier dismissed Pakade’s application.
Sibongile Mani, the former Walter Sisulu University (WSU) student who received a “windfall” of more than R14 million into her student account from the (NSFAS) will appear in court on trial for theft this week. pic.twitter.com/pCVYbZmPFg
— Voice of the Voiceless in South Africa (@VoicesFarm) October 18, 2021