The Star Early Edition

High-profile cases of accounting irregulari­ties are sowing distrust

- EDWARD WEST edward.west@inl.co.za

THE SA INSTITUTE of Chartered Accountant’s (Saica) suspension of the membership of former Transnet and Eskom chief financial officer and now former chartered accountant Anoj Singh seems a rare instance where the profession has dealt with corruption within its ranks.

Saica’s allegation­s against Singh included that he failed to disclose to the Eskom board the true reason for Tegeta’s request of R600 million from Eskom, as part of state capture by the Gupta brothers, dealing in false statements and failing to take action and for failing to act profession­ally.

Public and private sector accountant­s and auditors are required to vet the quality and fairness of accounts, but high-profile corruption cases at state-owned enterprise­s (SOEs), or corporates such as Steinhoff and Tongaat Hulett, attest to these profession­als having failed in their work over several years, with little consequenc­es to date.

These organisati­ons are aware of the growing public distrust in them.

Independen­t Regulatory Board for Auditors (Irba) chairperso­n Abel Dlamini said in the 2019-20 annual report, for example: “The audit failures in the recent past resulted in the auditing profession in South Africa moving from being one of the most respected globally, to becoming one of the most vilified, in the shortest space of time. Our global ranking dropped along with the confidence that South Africans had in our profession.

“The recent audit and business failures that we have witnessed are not only due to poor audit quality. They have a lot to do with auditors behaving unethicall­y, not exercising profession­al scepticism and not acting independen­tly.

“What we thought were isolated cases of unethical behaviour soon became clearer as systemic problems in the profession as more wrongdoing­s came to light.”

Three organisati­ons provide regulatory controls over unethical auditors and accountant­s, normal criminal or court proceeding­s against these individual­s are as rare as conviction­s are against government and corporate fraudsters.

Irba is a statutory body that controls the profession involved with public accountanc­y. Then there is Saica and the SA Institute of Profession­al Accountant­s (Saipa).

Are these organisati­ons are doing enough about corruption?

Irba chief executive Jenitha John said in response to Business Report questions that it took disciplina­ry action against 66 of registered auditor members from April 2017 to March 18, 69 auditors in 2018-19, and 60 from 2019-20.

Irba only investigat­es auditor ethics and compliance to auditing standards and the audit of financial statements. It does not investigat­e company fraud, nor allegation­s relating to SOEs that fall under the Auditor-General of SA (Agsa), except where the audit is allocated by the Agsa to a private sector firm.

In the year to March 31, 2020, Irba received 76 complaints about auditors out of about 3 900 auditors in total.

John said Irba’s sanctions includes a caution, reprimand, fine of up to R20 000 per charge, suspension of the right to practice, cancellati­on of registrati­on, potential cost order and terms of publicatio­n of the sanction.

In the past five years, Irba finalised 403 matters, of which 8 percent were referred to disciplina­ry hearing, with most settled by fines. There were currently 227 matters awaiting investigat­ion, said John.

The number of complaints has increased over the past few years and the matters were becoming more complex, putting pressure on Irba’s capacity, she said.

For example, the African Bank disciplina­ry hearing started in March 2018, and the disciplina­ry committee findings were still awaited. Other high-profile matters still under investigat­ion were Steinhoff, EOH, VBS Bank and Tongaat Hulett.

The responsibi­lity for disciplina­ry action against CAs rests with the Saica.

Saica institutes disciplina­ry proceeding­s either upon receipt of a complaint or where it becomes aware of alleged member misconduct through other avenues, such as from court proceeding­s or media articles.

In 2018, Saica concluded 128 disciplina­ry cases and 184 cases last year.

The organisati­on expects its members to adhere to the Saica Code of Profession­al Conduct, and it revised its by-laws to its Disciplina­ry Code to improve its disciplina­ry processes effectivel­y from June 1.

The sanctions that can be imposed by Saica’s profession­al conduct committee and disciplina­ry committee include a caution, reprimand, fines of up to R250 000 a charge, suspended from membership for up to 12 months or referred to the disciplina­ry committee.

This committee could caution, reprimand, or fine up to R500 000 a charge, suspend from membership for up to five years, exclude from membership, disqualify from applying for membership permanentl­y or for such period as the committee recommends.

In cases where members are alleged to be involved in illegal activities, Saica liaises with the authoritie­s mandated to carry out public prosecutor­ial processes such as Irba or the Special Investigat­ing Unit, etc.

Last year, Saica received 247 complaints of alleged misconduct against members or trainee accountant­s, and 248 complaints of alleged misconduct against members or trainee accountant­s in 2018.

Last year, Saica’s profession­al conduct committee held 20 meetings and finalised 173 complaints, while 12 additional complaints were referred by the profession­al conduct committee to the disciplina­ry committee for formal hearings. The disciplina­ry committee held 22 meetings last year and finalised 11 cases.

In response to BR questions, Saipa said it had responded to all complaints about its members, receiving 25 complaints last year, of which three were dealt with by a disciplina­ry committee, while this year, eight were referred to the committee.

Sanctions included a fine, reprimand, suspension, restrictio­ns on area of practice or cancellati­on of registrati­on; no legal action had been taken against members in five years.

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