First Thing is First | If you knowingly or unknowingly spend money that was mistakenly deposited into your account,  have you committed a crime? Is it possible to avoid prosecution if you spend the money knowingly? What would be the valid acceptable reasons for avoiding prosecution ? Walter Sisulu University student Sibongile Mani, who received R14 million into her student account from the National Student Financial Aid Scheme (SFAS), has been found guilty of theft by the East London Regional Court.

The former accounting student was accused of theft after spending R818,000 of the money.

• Mani was only entitled to receive R1,400 and had received the money in error.
• The former student activist spent the money on various items including alcohol, cigarettes, electrical appliances, bedding, toys, and gift cards.
• The court dismissed Mani's version that she had no intention to deprive NSFAS of its money and that she had no knowledge of the specification of the loan agreement she had with NSFAS.  
• She was only entitled to a R1 400 food allowance and was accused of failing to report when R14 million was instead credited to her erroneously. She chose to embark on a spending spree. 
• She is accused of failing to report the error and embarked on a spending spree, blowing more than R800 000 in 73 days.

Guest: Bruce Hendricks the managing director of Hendricks Harmse

Attorneys a Cape Town law firm specializing in criminal law