SAICA

Hearings roll introduction

 

SAICA By-Law 20.14 stipulates that the hearings conducted by the Disciplinary Committee shall be conducted at a venue determined by the Chief Executive Officer (CEO) and shall be open to the public, unless exceptional circumstances exist which warrant such hearings being held in camera.

The CEO under SAICA By-Law 21A1.2.5 may publish the details of a Disciplinary Committee hearing.

The details of public hearings will be published here before the hearing and will include:

  • case number
  • the accused’s name and SAICA membership number;
  • a summary of the charges preferred against the accused; and
  • the date, time and place of the hearing.

Please note that while the disciplinary hearing is open to the public, the documents which form part of the hearing are confidential and the public will not be provided access to such documents under any circumstances.

 

Details of Disciplinary Hearing

 

Name of Accused

Mr Jacques Wessels

Membership Number:

00056711

Case Number:

073/19

Complaint

The SAICA Disciplinary Committee will convene in terms of SAICA By-Law 20.2.3 to consider the appropriate sanction to be imposed upon Mr Jacques Wessels. Mr Jacques Wessels is deemed to have been found guilty of an offence as contemplated in SAICA By-Law 34.1 in that he was found guilty by the Disciplinary Committee of the Independent Regulatory Board for Auditors (IRBA) of various contraventions of the Auditing Profession Act, 26 of 2005; the Code of Professional Conduct and/or the Rules Regarding Improper Conduct prescribed by the IRBA.

Date of hearing

6 and 7 May 2019

Time

09:00 or as soon thereafter as the matter may be heard

Place

17 Fricker Road, Illovo, Sandton, Johannesburg

 

Details of Disciplinary Hearing

 

Name of Accused

Ms Barbara Jean Whitfield

Membership Number:

00258205

Case Number:

084/16

Complaint

The complaint is that Ms Barbara Jean Whitfield is liable to disciplinary action under SAICA By-Law 34.2 in that she conducted herself with gross negligence in connection with work performed by her in her profession or employment, including work or employment in connection with secretaryships, trusteeships, liquidations, judicial managements, executorships, administratorships or curatorships, or any office of trust which she undertook or accepted; By-Law 34.11 in that she unlawfully failed to account for, or unreasonably delayed the accounting of, money and property received for or on behalf of a client or any other person when called upon to do so ; By-Law 34.12 in that she conducted herself in a manner which is discreditable, dishonourable, dishonest, irregular or unworthy, or which is derogatory to the Institute, or tends to bring the profession of accountancy into disrepute; By-Law 34.17 in that she failed to answer or deal with appropriately within a reasonable time correspondence or other communication from the Institute or any other person which requires a reply or; and By-Law 34.10 in that she committed a breach of the following provisions of the Code:

  • section 100.5(a) read with section 110.1: integrity;
  • section 100.5(c) read with section 130: professional competence and due care; and
section 100.5(e) read with section 150.1: professional behaviour

Date of hearing

14 March 2019

Time

09:00 or as soon thereafter as the matter may be heard

Place

17 Fricker Road, Illovo, Sandton, Johannesburg

 

Details of Disciplinary Hearing

Name of Accused

Mr Khayelihle Sibusiso Sithole

Membership Number:

0905040

Case Number:

050/16

Complaint

The complaint is that Mr Khayelihle Sibusiso Sithole is liable to disciplinary action under SAICA By-Law 34.12 of the SAICA By-Laws in that he conducted himself in a manner which, in the opinion of the Professional Conduct Committee or the Disciplinary Committee, is discreditable, dishonourable, dishonest, irregular or unworthy, or which is derogatory to the Institute, or tends to bring the profession of accountancy into disrepute; and By-Law 34.10 of the SAICA By-Laws in that he committed a breach of the following provisions of the Code:

  • section 100.5(a) read with section 110.1: integrity; and
  • section 100.5(e) read with section 150.1: professional behaviour

Date of hearing

11-12 February and 18 March 2019

Time

09:00 or as soon thereafter as the matter may be heard

Place

17 Fricker Road, Illovo, Sandton, Johannesburg

 

Details of Disciplinary Hearing

Name of Accused

Mr Tshifhiwa Matodzi

Membership Number:

04898532

Case Number:

115/18(b)

Complaint

For the Disciplinary Committee to consider the application of SAICA By-law 30.2 in light of the provisional sequestration order against the member

Date of hearing

19 February 2019

Time

09:00 or as soon thereafter as the matter may be heard

Place

17 Fricker Road, Illovo, Sandton, Johannesburg

 

Details of Disciplinary Hearing

Name of Accused

Mr. Munroe Ivan Swirsky

Membership Number:

00240556

Case Number:

038/16

Complaint

The complaint is that Mr. Munroe Ivan Swirsky is liable to disciplinary action under the following SAICA By-Laws:
By-Law 34.12 of the SAICA By-Laws in that he conducted himself in a manner which, in the opinion of the Professional Conduct Committee or the Disciplinary Committee, is discreditable, dishonourable, dishonest, irregular or unworthy, or which is derogatory to the Institute, or tends to bring the profession of accountancy into disrepute;
-By-Law 34.16 of the SAICA By-Laws in that he without reasonable cause, failed to resign from a professional appointment when requested by a client to do so;
-By-Law 34.17 of the SAICA By-Laws in that he failed to answer or deal with appropriately within a reasonable time any correspondence or other communication from the Institute or any other person which requires a reply or other response; and
-By-Law 34.10 of the SAICA By-Laws in that he committed a breach of the following provisions of the Code:

  • section 100.5 (a), (b), (d) and (e): integrity, objectivity, confidentiality, and professional behaviour;
  • section 110.1: integrity;
  • section 120.1: objectivity;
  • section 140.1 (a) and (b): confidentiality; and
  • section 150.1: professional behaviour

Date of hearing

20 November 2018

Time

09:00 or as soon thereafter as the matter may be heard

Place

17 Fricker Road, Illovo, Sandton, Johannesburg

 

Details of Disciplinary Hearing

Name of Accused

Dr Willem Andries Augustinus Gouws

Membership Number:

00155315

Case Number:

91/17

Complaint

For the Disciplinary Committee to consider the application of SAICA By-law 30.2 in light of the provisional sequestration order against the member

Date of hearing

20 November 2018

Time

09:00 or as soon thereafter as the matter may be heard

Place

17 Fricker Road, Illovo, Sandton, Johannesburg

 

Details of Disciplinary Hearing

Name of Accused

Mr Khayelihle Sibusiso Sithole

Membership Number:

0905040

Case Number:

050/16

Complaint

The complaint is that Mr Khayelihle Sibusiso Sithole is liable to disciplinary action under SAICA By-Law 34.12 of the SAICA By-Laws in that he conducted himself in a manner which, in the opinion of the Professional Conduct Committee or the Disciplinary Committee, is discreditable, dishonourable, dishonest, irregular or unworthy, or which is derogatory to the Institute, or tends to bring the profession of accountancy into disrepute; and By-Law 34.10 of the SAICA By-Laws in that he committed a breach of the following provisions of the Code:

  • section 100.5(a) read with section 110.1: integrity; and
  • section 100.5(e) read with section 150.1: professional behaviour

Date of hearing

23, 26 and 27 November 2018

Time

09:00 or as soon thereafter as the matter may be heard

Place

17 Fricker Road, Illovo, Sandton, Johannesburg

 

Details of Disciplinary Hearing

Name of Accused

Mr Andile Malusi Attwel Ramavhunga

Membership Number:

08052922

Case Number:

115/18(a)

Complaint

For the Disciplinary Committee to consider the application of SAICA By-law 30.2 in light of the provisional sequestration order against the member.

Date of hearing

6 December 2018

Time

09:00 or as soon thereafter as the matter may be heard

Place

17 Fricker Road, Illovo, Sandton, Johannesburg

 

Details of Disciplinary Hearings

Name of Accused

Mr Tshifhiwa Matodzi

Membership Number:

04898532

Case Number:

115/18(b)

Complaint

For the Disciplinary Committee to consider the application of SAICA By-law 30.2 in light of the provisional sequestration order against the member.

Date of hearing

6 December 2018

Time

09:00 or as soon thereafter as the matter may be heard

Place

17 Fricker Road, Illovo, Sandton, Johannesburg

 

Details of Disciplinary Hearing

Name of Accused

Mr Sandile Xulu

Membership Number:

04865693

Case Number:

109(a)/2016

Complaint

The complaint is that Mr Sandile Xulu is liable to disciplinary action under SAICA By-Law 34.17 of the SAICA By-Laws in that he failed to answer or deal with appropriately or within a reasonable time any correspondence or other communication from the Institute or any other person which requires a reply or other response; and/or SAICA By-Law 34.18 of the SAICA By-Laws in that he failed to comply within a reasonable time with an order, requirement or request from the Institute; and/or SAICA By-Law 34.13 of the SAICA By-Laws in that he committed a breach of regulations of the SAICA Training Regulations; and/or By-Law 34.10 of the SAICA By-Laws in that he committed a breach of the following provisions of the Code:

- section 110.1: integrity; and
- section 150.1: professional behaviour

Date of hearing

13 July 2018

Time

09:00 or as soon thereafter as the matter may be heard

Place

17 Fricker Road, Illovo, Sandton, Johannesburg

 

Details of Disciplinary Hearing

Name of Accused

Mr. Sandile Xulu

Membership Number:

04865693

Case Number:

109(b)/2016

Complaint

The complaint is that Mr Sandile Xulu is liable to disciplinary action under SAICA By-Law 34.17 of the SAICA By-Laws in that he failed to answer or appropriately attend to within a reasonable time any correspondence from the Institute; and/or SAICA By-Law 34.18 of the SAICA By-Laws in that he failed to comply within a reasonable time with an order of the Institute; and/or SAICA By-Law 34.19 of the SAICA By-Laws in that he failed to pay a fee that was payable to the Institute and/or By-Law 34.13 of the SAICA By-Laws in that he failed to comply with the Training Regulations; and or SAICA By-Law 34.10 of the SAICA By-Laws in that he committed a breach of the following provisions of the Code

- section 110.1: integrity; and
- section 150.1: professional behaviour

Date of hearing

13 July 2018

Time

09:00 or as soon thereafter as the matter may be heard

Place

17 Fricker Road, Illovo, Sandton, Johannesburg

 

Details of Disciplinary Hearing

Name of Accused

Mr. Khayelihle Sibusiso Sithole

Membership Number:

0905040

Case Number:

050/16

Complaint

The complaint is that Mr Khayelihle Sibusiso Sithole is liable to disciplinary action under SAICA By-Law 34.12 of the SAICA By-Laws in that he conducted himself in a manner which, in the opinion of the Professional Conduct Committee or the Disciplinary Committee, is discreditable, dishonourable, dishonest, irregular or unworthy, or which is derogatory to the Institute, or tends to bring the profession of accountancy into disrepute; and By-Law 34.10 of the SAICA By-Laws in that he committed a breach of the following provisions of the Code:
- section 100.5(a) read with section 110.1: integrity; and
- section 100.5(e) read with section 150.1: professional behaviour

Date of hearing

22 June 2018

Time

09:00 or as soon thereafter as the matter may be heard

Place

17 Fricker Road, Illovo, Sandton, Johannesburg

 

Details of Disciplinary Hearing

Name of Accused

Mr. Munroe Ivan Swirsky

Membership Number:

00240556

Case Number:

038/16

Complaint

The complaint is that Mr. Munroe Ivan Swirsky is liable to disciplinary action under the following SAICA By-Laws:
By-Law 34.12 of the SAICA By-Laws in that he conducted himself in a manner which, in the opinion of the Professional Conduct Committee or the Disciplinary Committee, is discreditable, dishonourable, dishonest, irregular or unworthy, or which is derogatory to the Institute, or tends to bring the profession of accountancy into disrepute;
-By-Law 34.16 of the SAICA By-Laws in that he without reasonable cause, failed to resign from a professional appointment when requested by a client to do so;
-By-Law 34.17 of the SAICA By-Laws in that he failed to answer or deal with appropriately within a reasonable time any correspondence or other communication from the Institute or any other person which requires a reply or other response; and
-By-Law 34.10 of the SAICA By-Laws in that he committed a breach of the following provisions of the Code:
- section 100.5 (a), (b), (d) and (e): integrity, objectivity, confidentiality, and professional behaviour;
- section 110.1: integrity;
- section 120.1: objectivity;
- section 140.1 (a) and (b): confidentiality; and
- section 150.1: professional behaviour

Date of hearing

22 June 2018

Time

09:00 or as soon thereafter as the matter may be heard

Place

17 Fricker Road, Illovo, Sandton, Johannesburg

 

Disciplinary Committee Rulings - 2015 (200Kb PDF)