Analysis

Khaya Sithole Hits Back At Accountants Institute

I write to you in my capacity as a member of SAICA (#09105040).
This letter serves to inform you of the various actions I will be undertaking today in my capacity as a member.
From 9:30 am onwards, I will be participating in a public disciplinary hearing that has been instituted against me by SAICA.
It is my considered view that the basis for the hearing is not the charges that have been laid but rather my public positions against the deteriorating state of the profession. To this end – I have attached to this correspondence – my formal response to the charges laid against me (Annexure A).
In addition, at the conclusion of my hearing, I will be lodging formal complaints against the following persons –  Chantly Mulder – for various instances of breaching the Code of Professional Conduct (including breach of confidentiality; offering bribes and violating my Constitutional Rights).
Additionally, I am also lodging a complaint on the basis of a PwC Forensic Report that implicates Miss Mulder in fraud and corruption.
Fanisa Lamola – for bringing the profession into disrepute relating to her conduct at the City of Polokwane which included breaking-in to offices of staff members and an attempt to conceal evidence. Additionally, Miss Lamola is subject to a court challenge where her lack of integrity forms the core of the case. Miss Lamola has also failed to apply her judgment in applying the amendment to the SAICA by-laws (the 21 May 2018 amendments) by failing to prove a case for public interest in publishing details of my hearing; and also failing to follow the rules of the by-laws by insisting on publishing the incorrect membership number on the SAICA website.

Additionally, I am also lodging a complaint on the basis of a PwC Forensic Report that implicates Miss Lamola in fraud and corruption.
I am of the opinion that the Board of SAICA – led by Mr Bam – has been actively seeking to cover up large-scale fraud and corruption at SAICA by commissioning a forensic report and then failing to implement it. Such a report makes damning findings against senior members of the organisation and provides prima facie evidence of wrongdoing. To this end, the by-laws of SAICA require the Chief Executive to escalate such matters to the SAICA disciplinary processes.
Remarkably, the Acting CEO has thus far failed to do this. My suspicion is that since she is an implicated person in the report, Miss Lamola will not escalate the report to the Disciplinary structures. To this end – it then falls to the Board and its Chairman to intervene and escalate the report to the Disciplinary processes and the law-enforcement agencies.
Mr Bam and his board have failed to do this and this amounts to a breach of the Code of Professional Conduct.
To this end I am requesting the SAICA Advisory structures and the Trustees to intervene in the matter and force the Board to act on the PwC Forensic Report.
It should also be noted that at 9 pm on the 21st of June 2018; I presented a copy of the report to the Sandton Police station for advice on how to lay charges against Miss Mulder and Mr AK Mohamed. To this end, the Sandton Police station has directed me to approach the senior prosecutor at the Randburg Magistrate Court for them to issue an order to SAICA requesting the documents relating to the forensic investigation.
I therefore have undertaken to give the Board a 72-hour grace period to act on the report and should no action materialise, I will present the report to the Randburg Magistrates Court as directed by the Commander of the Sandton Police Station.
I have attached a copy of the report for reference; together with my official response to the SAICA charges that I will be presenting during today’s proceedings.

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One Comment

  1. Wow what an intriguing story you tell. What I find so amazing is that all the institutions you mention SAICA etc. have black CEO’s and chairpersons. Funny how these very same black people have learned that the most effective way to bring a black person down, is to allege corruption on public forums. And they know the allegations will stick even when unfounded. Good luck with these proceedings and I hope once you’ve been cleared, this nonsense doesn’t follow you like a dark cloud.

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