Complaint Process

In order to lodge a complaint against a full or associate member (Member) of SAIPA, the following procedure is applicable:

Step 1

Verify or establish if the person you wish to lodge the complaint against is indeed a member of SAIPA.

Methods of verification include:

  1. Website verification
  2. Phone our Membership Department: (011) 207 7840
  3. E-mail our Membership Department: members@saipa.co.za

Step 2

Should membership with SAIPA be confirmed, we require the following:

  1. Please send us a Written Affidavit in your own words setting out your complaint in detail and attach all supporting documents. Please note we require an ORIGINAL SWORN AFFIDAVIT in order to proceed with your complaint.
  2. Complainant's Undertaking Kindly complete the undertaking which is available below on this website, print and attach the original to your Affidavit.
  3. Please direct all enquiries to legal@saipa.co.za. Original documents must be delivered at SAIPA’s offices at

SAIPA House, Howick Close
Waterfall Park
Vorna Valley
Midrand

STEP 3

In the Complainants Undertaking, we require that you grant us permission to send your affidavit to the person against whom the complaint is lodged. This is necessary to obtain a response to your affidavit.

STEP 4

Once we are in receipt of your original affidavit and undertaking as well as the replying affidavit from our SAIPA member, the Legal Secretariat will determine if SAIPA has jurisdiction to hear the matter. 

Should the matter warrant further investigation, both parties may be requested to provide the necessary evidence, to enable our Investigation Committee (IC) to make a recommendation. The IC convenes on an ad hoc basis.

STEP 5

Should the IC decide that our member has acted in contravention to the SAIPA Constitution, Code of Conduct and/or By-laws, the member will either be fined, reprimanded or in more serious cases, be referred to the Disciplinary Committee.

STEP 6

You will be informed of the outcome of the IC Meeting.

STEP 7

If the relevant individual is not a member of SAIPA, please note that:

  1. SAIPA has no authority or jurisdiction to deal with the complaint and it is advisable to contact other professional bodies to confirm membership and to establish if they have jurisdiction to deal with the complaint. Below are some links to other professional bodies' websites:

    ABASA The Association for the Advancement of Black Accountants of Southern Africa
    http://www.abasa.org.za

    ACCA (SA) The Association of Chartered Certified Accountants
    http://www.acca.org.za

    The South African Institute of Chartered Accountants
    http://www.saica.co.za

    CIMA The Chartered Institute of Management Accountants
    http://www.cima.org.uk

STEP 8

If the person concerned is not a member of the Institute but holds himself out as a Professional Accountant (SA), please contact the Legal Division as this act constitutes a contravention of the SAIPA Constitution and the Trademark Act 194 of 1993. Legal Action will be instituted against such individuals.

Please note the following:

The SAIPA Board has appointed both the Investigation and Disciplinary Committees which have the power to investigate any matter and ensure that all members comply with the spirit and letter of the Constitution, Code of Conduct and By-laws. Should a complaint be lodged and there is sufficient reason to believe that there is merit in such matter, Professional Evaluations, Professional support visits, and any document or evidence it deems necessary for the investigation at hand may be performed, requested, examined or inspected.

Should merit exist in any matter, it is then referred to the Disciplinary Committee to make a finding. The sanctions that may be imposed by the Disciplinary Committee include but are not limited to Reprimand, Caution, Fine, Suspension or Termination of membership.

Both these Committees occur on an ad hoc basis depending on the number of cases to be heard and/or reviewed.

We have found that many members fail to account for, or unreasonably delay the process of reporting to the Institute on work performed upon specific request. Members are advised of complaints received and afforded the opportunity, within twenty one (21) days from the date of such notice, to furnish the Institute with a written explanation in the form of an affidavit. However many members fail to co-operate and hence are immediately referred to the Disciplinary Committee for non-compliance. Every decision is recorded and placed on member's files for future reference which in effect presents a negative reflection on member status and good standing.

With regard to Disputes arising on excessive fees, both Committees have maintained that enforcement of specific performance should be determined by a Court and recommends that proper legal advice and litigation be sought in this regard. However should any misconduct, negligence or unprofessional behaviour exist surrounding the underlying fee dispute, further investigations are crucial and encouraged.


 

Submit