Madonsela questioned if the court’s justice paradigm was within the ubuntu spirit of S v Makwanyane.
“We must ask the question whether the court’s justice paradigm, in this case, remains within the ubuntu spirit of Makwanyane,” she said.
On Thursday the NSFAS denied reports it had a hand in the conviction and sentencing of Mani.
“We wish to confirm NSFAS did not institute any criminal proceedings against the student as there was no basis for it to do so.
“NSFAS was approached to furnish the department of correctional services with a victim impact assessment report, which was submitted on March 14,” it said.
The NSFAS reiterated it did not suffer any financial loss due to the erroneous payment to Mani.
‘It is a curious conviction and sentence’: Thuli Madonsela weighs in on Sibongile Mani verdict
Image: Gallo Images/Darren Stewart
Former public protector Thuli Madonsela has weighed in on the sentence handed to Walter Sisulu University student Sibongile Mani, saying it is a curious conviction and sentence.
The education honours degree student was this week sentenced to five years in jail for the theft of more than R800,000 in National Student Financial Aid Scheme (NSFAS) funds.
On Wednesday the National Prosecuting Authority confirmed her R1,500 bail had been extended after her lawyer said she would appeal her conviction and sentence.
“Hers is a curious conviction and sentence. Ordinarily, when a person is erroneously paid more than the contracted amount, the owner is entitled to a delictual claim under unjustified enrichment,” claimed Madonsela.
“I know of no case where the erroneous recipient was considered a criminal and jailed.”
NSFAS fraudster Sibongile Mani regrets spending R818,000
Madonsela said she was curious whether theft was the right conviction, given the funds abused constituted an erroneous overpayment to Mani.
“I have suggested our legal curiosity takes us to explore the principles of unjustified enrichment or unjust enrichment. I realise, based on Daniel Visser’s voluminous book titled Unjustified Enrichment, which I used for Nkandla [case], unjustified enrichment may be a stretch,” she said.
Madonsela questioned if the court’s justice paradigm was within the ubuntu spirit of S v Makwanyane.
“We must ask the question whether the court’s justice paradigm, in this case, remains within the ubuntu spirit of Makwanyane,” she said.
On Thursday the NSFAS denied reports it had a hand in the conviction and sentencing of Mani.
“We wish to confirm NSFAS did not institute any criminal proceedings against the student as there was no basis for it to do so.
“NSFAS was approached to furnish the department of correctional services with a victim impact assessment report, which was submitted on March 14,” it said.
The NSFAS reiterated it did not suffer any financial loss due to the erroneous payment to Mani.
READ MORE:
NSFAS thief Sibongile Mani gets bail as her legal team prepares for appeal
Businessman Malcolm X pledges to pay R500k of NSFAS funds spent by Sibongile Mani if it keeps her out of jail
LISTEN | Sibongile Mani sentenced to five years in jail for her spending spree with NSFAS cash
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