Convicted Walter Sisulu University student, Sibongile Mani, will remain out of prison until the 11th of April pending the outcome of her leave to appeal application.
Mani has been sentenced to five years imprisonment by the East London Magistrate’s Court in the Eastern Cape.
Her legal team has filed a notice to file an application for leave to appeal the conviction and the sentence.
Mani was found guilty of theft after R14-million was erroneously paid to her account by funds administrator IntelliMali in 2017.
She spent more than R800 000 over a period of three months before the error was picked up.
Handing down the sentence, Magistrate Twannet Olivier said Mani’s actions were not inspired by need but by greed.
“When spending money, it was not items of need or essential items to stay alive, it was luxury items inspired by greed and not need. Today, on evaluation, this court is of the view that a suspended sentence is inappropriate totally. The sentence deemed appropriate today is that of direct imprisonment and you are sentenced to a term of five years imprisonment.”
In the report below, Mani to appeal five year sentence:
Leniency on Mani
Meanwhile, Mani’s attorney Asanda Phakade believes a suspended sentence would have been more suitable.
“We have always had a long view that the conviction was incorrect, also the sentence equally is shocking…that’s why we did not even hesitate to grant us that opportunity to appeal this conviction and sentence.”
Phakade has since argued that Mani was remorseful and is a mother of two and that imprisonment will be detrimental to her family.
However, the state has called for imprisonment, saying Mani was an adult at the time of the crime and was well aware of the IntelliMali system and how it works.
The state also argued that as a student leader, she knew the consequences of her actions when she spent the money on prohibited items.
In the video below, Mali pleads for a lesser sentence:
