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INVESTIGATIONS cont.

respondent is not found guilty of unprofessional conduct relating

to work done during the period of suspension, no cost order and

publication by the IRBA in general terms. In addition, the respondent

must arrange and ensure that external training on the practical

application of International Standards of Auditing is attended by him

and his audit staff within 60 days of the imposition of the sentence,

and must provide evidence of compliance to this to the IRBA.

Matter 8

The respondent breached Section 93(3)(b) of the Companies Act

as the respondent performed non-audit work on an audit client

without obtaining the permission of the audit committee to do so,

as required by the audit committee charter.

The respondent was sentenced to a fine of R80 000, of which

R40 000 has been suspended for three years on condition that

the respondent is not found guilty of unprofessional conduct

relating to work done during the period of suspension, no cost

order and publication by the IRBA in general terms.

Matter 9

The respondent failed to submit a second Reportable Irregularity

report to the IRBA despite numerous reminders sent to him by the

IRBA.

The respondent was sentenced to a fine of R20 000, of which

R10 000 has been suspended for three years on condition that

the respondent is not found guilty of unprofessional conduct

relating to work done during the period of suspension, no cost

order and publication by the IRBA in general terms.

Matter 10

This matter was a referral from the Inspections Committee. The

respondent was the auditor of an attorneys trust account and failed

to obtain sufficient appropriate evidence to support the opinion

expressed.

The respondent was sentenced to a fine of R100 000, of which

R50 000 has been suspended for three years on condition that

the respondent is not found guilty of unprofessional conduct

relating to work done during the period of suspension, no cost

order and publication by the IRBA in general terms. In addition, the

respondent must arrange and ensure that external training on the

audit of attorneys trust accounts is attended by him and his audit

staff within 60 days of the imposition of the sentence, and must

provide evidence of compliance to this to the IRBA.

Matter 11

The matter was a referral from the Inspections Committee. The

respondent failed to appropriately address material differences

calculated in the audit working papers.

The respondent was sentenced to a fine of R80 000, of which

R40 000 has been suspended for three years on condition that

the respondent is not found guilty of unprofessional conduct

relating to work done during the period of suspension, no cost

order and publication by the IRBA in general terms.

Matter 12

The matter was a referral from the Inspections Committee. Mr

Alphabet Malusi Phaka, the respondent, was the auditor of an

attorneys trust account and failed to modify the assurance report

issued in relation to both the late submission of the audit report to

the Law Society and the non-payment by the client of all relevant

interest to the Fidelity Fund.

The respondent was sentenced to a fine of R100 000, of which

R50 000 has been suspended for three years on condition that the

respondent is not found guilty of unprofessional conduct relating

to work done during the period of suspension, the imposition

of a previously suspended fine of R50 000, no cost order and

publication by the IRBA of the respondent’s name, the findings

of the investigation and the sanction imposed. In addition, the

respondent must arrange and ensure that external training on the

audit of attorneys trust accounts is attended by him and his audit

staff within 60 days of the imposition of the sentence, and must

provide evidence of compliance to this to the IRBA.

Matter 13

This matter was a referral from the Inspections Committee.

Mr Roger Brian Reece, the respondent, was the auditor of an

attorneys trust account and failed to obtain sufficient appropriate

evidence to support the opinion expressed in accordance with

ISAE 3000, specifically paragraphs 20, 27, 28, 31-36, 40-47 and

54 as well as the requirements of the Guide for Registered Auditors:

Engagements on Attorneys Trust Accounts (November 2013),

specifically paragraphs 22, 46 and 67.

The respondent was sentenced to a fine of R150 000, of which

R75 000 has been suspended for five years on condition that the

respondent is not found guilty of unprofessional conduct relating

to work done during the period of suspension, the imposition

of a previously suspended fine of R20 000, no cost order and

publication by the IRBA of the respondent’s name, the findings of

the investigation and the sanction imposed.

Matter 14

Mr Hayden du Preez, the respondent, failed to report a reportable

irregularity to the IRBA that he became aware of in October 2015,

in relation to his audit client’s failure to prepare annual financial

statements over a number of years.

The respondent was sentenced to a fine of R50 000, of which

R25 000 has been suspended for five years on condition that the

respondent is not found guilty of unprofessional conduct relating

to work done during the period of suspension, the imposition

of a previously suspended fine of R100 000, no cost order and

publication by the IRBA of the respondent’s name, the findings of

the investigation and the sanction imposed.

Matter 15

The respondent breached regulation 29(5) of the Companies

Act in that he prepared the financial statements of the clients

that he subsequently carried out an independent review on. The

respondent merged the financial statements of two companies at

the request of a director without ensuring that the merger had been

Issue 42 | April - June 2018

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