Ethics: Code of Professional Conduct
SAICA CONSTITUTION
Definitions
Associate • Has certain levels to complete.
• A person who has satisfied the requirements for
associateship pursuant to the By-laws and who has been
granted associateship of the Institute.
Student (Trainee • Busy with articles.
Accountant • A person or learner who is in the permanent employment
of a training office and who is serving under a training
contract.
• Trainee accountants do not have any rights to use any of
the designations reserved for the members of the Institute.
Member, associateship • Only a chartered accountant who is a member in good
& designations standing is entitled to use the designations reserved for
members of the Institute.
• Associates: Cannot do audits, they may only look at FS. They
usually take on a supervisory role.
• Trainee accountants do not have any rights to use any of
the designations reserved for the members of the Institute.
• No longer exists but there were two types of associates: College of
general accountants, College of accounting technicians.
• Completion of AAT certificate = Accounting Technician AAT (SA)
• Associate: College of General Accountants = Associate General
Accountant (South Africa) - AGA(SA)
,A. OBJECTIVES OF SAICA
• Promote the interests of the members of the Institute.
• Support the development of the South African economy
• Create a pipeline of trainee accountants who are representative of the country's
economically active population.
• Advancement of accountancy.
• Preserve independence.
• Encourage a high standard of professional behaviour.
SAICA BY-LAWS
A. DISCIPLINARY PANEL AND PROFESSIONAL CONDUCT AND DISCIPLINARY
COMMITTEES
• Disciplinary panel consists of members of the Institute (of SAICA) to hear disciplinary
matters.
B. POWERS AND DUTIES OF PROFESSIONAL CONDUCT
• The committee shall consider any complaint which is brought against:
o member, associate, trainee accountant or former member (accused)
o That may have committed an offence under these By-Laws.
• If the accused is registered with IRBA, the matter should be referred to IRBA.
C. POWERS AND DUTIES OF THE DISCIPLINARY COMMITTEE
• On receipt of a formal complaint:
o Give the accused notice of the intention to consider the complaint.
o The accused is given the opportunity of being heard before the Committee.
• Where investigated and found guilty through IRBA, specific terms will be adhered to
once referred to the Disciplinary Committee (see par 20.2).
D. RECORD AND PUBLICATION OF FINDINGS AND DECISIONS
• All findings and decisions of the Professional Conduct and Disciplinary Committees
shall take effect when they are made and shall be reported to the Board (of SAICA).
,E. PUNISHABLE OFFENSES IRBA PUNISHABLE OFFENSES Par 35
IRBA
1. Members of IRBA –
• Contravention of rules or regulations of IRBA.
• Current or former members of IRBA – contravention of the foregoing if he or she
were so to be registered with IRBA (APA 44 Duties).
CA(SA)
2. Gross negligence –
• in connection with any work performed in his or her profession or employment.
• (More reasonable than reasonable person expects)
3. Certifying or reporting without checking corrections.
• On accounts, statements, reports or other documents
• without taking reasonable steps
• to ensure the correctness of such certificate or report.
5. Commission paid
• directly or indirectly
• to any person, other than a member in public practice
• for bringing the member work.
6. Commission received
• without knowledge and consent of the client
• in respect of professional or commercial business referred to others.
7. Improperly obtaining work.
8. Advertise in a manner not permitted by the Rules or Code of Professional Conduct.
11. Failing to account for any money or property received for or on behalf of someone else.
12. Discreditable, dishonest or unworthy conduct.
TRAINEE
14. Imposing restraints on trainee accountants
• Before or during period of training
• Impose a restraint
• Applicable after the contract.
15. Payment for of trainee accountants
• Directly or indirectly
• Money (payment) receive
• From trainee accountant or another person on his/her behalf
• For the cancellation of the trainee contract.
, SAICA
4. Contravening the provisions of the Chartered Accountants' Designation (Private) Act,
No. 67 of 1993
9. Refusing or failing to perform
• Any of the provisions of these By-laws
10. Breaching any Rule or Code of Professional Conduct prescribed by the Board from time
to time or after being previously warned, continuing to commit a breach.
13. Failing to comply with any regulation, By-law, article or Code of Conduct
OTHER
16. Failing to resign when requested by client.
17. Failing to answer correspondence from Institute. (In reasonable time.)
18. Failing to comply within reasonable time with a requirement from the Institute.
19. Failing to pay any fees to the Institute.
SAICA CONSTITUTION
Definitions
Associate • Has certain levels to complete.
• A person who has satisfied the requirements for
associateship pursuant to the By-laws and who has been
granted associateship of the Institute.
Student (Trainee • Busy with articles.
Accountant • A person or learner who is in the permanent employment
of a training office and who is serving under a training
contract.
• Trainee accountants do not have any rights to use any of
the designations reserved for the members of the Institute.
Member, associateship • Only a chartered accountant who is a member in good
& designations standing is entitled to use the designations reserved for
members of the Institute.
• Associates: Cannot do audits, they may only look at FS. They
usually take on a supervisory role.
• Trainee accountants do not have any rights to use any of
the designations reserved for the members of the Institute.
• No longer exists but there were two types of associates: College of
general accountants, College of accounting technicians.
• Completion of AAT certificate = Accounting Technician AAT (SA)
• Associate: College of General Accountants = Associate General
Accountant (South Africa) - AGA(SA)
,A. OBJECTIVES OF SAICA
• Promote the interests of the members of the Institute.
• Support the development of the South African economy
• Create a pipeline of trainee accountants who are representative of the country's
economically active population.
• Advancement of accountancy.
• Preserve independence.
• Encourage a high standard of professional behaviour.
SAICA BY-LAWS
A. DISCIPLINARY PANEL AND PROFESSIONAL CONDUCT AND DISCIPLINARY
COMMITTEES
• Disciplinary panel consists of members of the Institute (of SAICA) to hear disciplinary
matters.
B. POWERS AND DUTIES OF PROFESSIONAL CONDUCT
• The committee shall consider any complaint which is brought against:
o member, associate, trainee accountant or former member (accused)
o That may have committed an offence under these By-Laws.
• If the accused is registered with IRBA, the matter should be referred to IRBA.
C. POWERS AND DUTIES OF THE DISCIPLINARY COMMITTEE
• On receipt of a formal complaint:
o Give the accused notice of the intention to consider the complaint.
o The accused is given the opportunity of being heard before the Committee.
• Where investigated and found guilty through IRBA, specific terms will be adhered to
once referred to the Disciplinary Committee (see par 20.2).
D. RECORD AND PUBLICATION OF FINDINGS AND DECISIONS
• All findings and decisions of the Professional Conduct and Disciplinary Committees
shall take effect when they are made and shall be reported to the Board (of SAICA).
,E. PUNISHABLE OFFENSES IRBA PUNISHABLE OFFENSES Par 35
IRBA
1. Members of IRBA –
• Contravention of rules or regulations of IRBA.
• Current or former members of IRBA – contravention of the foregoing if he or she
were so to be registered with IRBA (APA 44 Duties).
CA(SA)
2. Gross negligence –
• in connection with any work performed in his or her profession or employment.
• (More reasonable than reasonable person expects)
3. Certifying or reporting without checking corrections.
• On accounts, statements, reports or other documents
• without taking reasonable steps
• to ensure the correctness of such certificate or report.
5. Commission paid
• directly or indirectly
• to any person, other than a member in public practice
• for bringing the member work.
6. Commission received
• without knowledge and consent of the client
• in respect of professional or commercial business referred to others.
7. Improperly obtaining work.
8. Advertise in a manner not permitted by the Rules or Code of Professional Conduct.
11. Failing to account for any money or property received for or on behalf of someone else.
12. Discreditable, dishonest or unworthy conduct.
TRAINEE
14. Imposing restraints on trainee accountants
• Before or during period of training
• Impose a restraint
• Applicable after the contract.
15. Payment for of trainee accountants
• Directly or indirectly
• Money (payment) receive
• From trainee accountant or another person on his/her behalf
• For the cancellation of the trainee contract.
, SAICA
4. Contravening the provisions of the Chartered Accountants' Designation (Private) Act,
No. 67 of 1993
9. Refusing or failing to perform
• Any of the provisions of these By-laws
10. Breaching any Rule or Code of Professional Conduct prescribed by the Board from time
to time or after being previously warned, continuing to commit a breach.
13. Failing to comply with any regulation, By-law, article or Code of Conduct
OTHER
16. Failing to resign when requested by client.
17. Failing to answer correspondence from Institute. (In reasonable time.)
18. Failing to comply within reasonable time with a requirement from the Institute.
19. Failing to pay any fees to the Institute.
