LEGAL c o n t .
disciplinary rules, 2.1.2, 2.1.20, 2.1.21 for conduct that
occurred prior to 1 January 2011.
In respect of the second charge, the respondent performed
assurance work on a company of which he was the sole
director, in contravention of section 275 of the Companies Act
61 of 1973 (repealed) and section 90(2)(b)(i) of the
CompaniesAct 71 of 2008.
Charge Three
The Respondent pleaded guilty to contravening the rules
regarding improper conduct, 2.6, 2.12 and 2.17. The
Respondent failed to deal with or answer appropriately and
within a reasonable time certain correspondence and
communication sent to him in relation to his client's funds.
SENTENCE
Charges One to Three were taken together for the purposes of
sentence and the Respondent was sentenced as follows:
?
The registration of the Respondent was cancelled and his
name removed from the register of auditors with effect from
26 November 2014.
?
The Respondent was ordered to make a contribution of
R175 000 towards the IRBA's legal costs which contribution
constituted a reasonable portion of the costs incurred by the
Investigating and Disciplinary Committee in connection with
the investigation and hearing and which was considered to
be just and fair in the circumstances.
?
The payment of the costs concerned was suspended until
such time as the Respondent successfully applies for, and is
registered with the IRBA and it shall be a condition of such
registration.
?
Publication in IRBA News of the facts of the case, the name
of the Respondent, the charges, the fact that the
Respondent had pleaded guilty to the charges and the
sentence imposed, without reference to the name of the
Respondent's erstwhile firm.
SECONDMATTER
On 26 November 2014, the Committee also heard a
postponement application in the matter of Mr J D. Mr J D was
present and represented. The application was granted and the
matter was postponed to 22 to 24 June 2015.
THIRDMATTER
On 9 December 2014, the Committee convened again to hear
a postponement application in the matter of Mr M D. The
Committee postponed the hearing
sine die
subject to the
following directions:
1.The Respondent was ordered to file and submit his plea in
writing by 16 February 2015.
2.The parties were directed to formulate and prepare a written
statement setting out the facts on which they agree and also
describing the facts on which there remains disagreement
by 9March 2015.
3.The parties were directed to attend a pre-trial conference on
13April 2015, which will be convened by the Committee.
Jane O’Connor
Director: Legal
Telephone: 087 940 8804
Fax:
087 940 8873
E-mail:
1 3
Issue 28 October 2014 - March 2015
