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Hearing roll: Ms Yakhe Kwinana

Hearing roll: Ms Yakhe Kwinana

Name of AccusedMs Yakhe Kwinana
Membership Number03257201
Case Number03/22
Complaint

Ms Kwinana is subjected to disciplinary action, as contemplated in:

Charges relating to South African Airways (SAA)


Charge 1

By-law 34.12 of the 2011 By-laws, in that she conducted herself in a manner which is discreditable, dishonourable, dishonest, irregular or unworthy, or which is derogatory to the Institute, or tends to bring the profession of accountancy into disrepute; and/or

By-law 34.10 of the 2011 By-laws, in that she committed a breach of section 100.1 read with section 100.5, section 110: integrity, section 120: objectivity and section 130: professional competence and due care of the 2006 Code; and/or

By-law 34.2 of the 2011 By-laws, in that she conducted herself in a grossly negligent manner.


Charge 2

By-law 34.12 of the 2011 and/or 2016 By-laws, in that she conducted herself in a manner which is discreditable, dishonourable, dishonest, irregular or unworthy, or which is derogatory to the Institute, or tends to bring the profession of accountancy into disrepute; and/or

By-law 34.10 of the 2011 and/or 2016 By-laws, in that she committed a breach of

section 100.1 read with section 100.5, section 110: integrity, section 120: objectivity and section 130: professional competence and due care of the

2014 Code; and/or

By-law 34.2 of the 2011 and/or 2016 By-laws, in that she conducted herself in a

grossly negligent manner.


Charges relating to Skychef


Charge 3

By-law 34.12 of the 2011 By-laws, in that she conducted herself in a manner which is discreditable, dishonourable, dishonest, irregular or unworthy, or which is derogatory to the Institute, or tends to bring the profession of accountancy into disrepute; and/or

By-law 34.10 of the 2011 By-laws, in that she committed a breach of section 100.1 read with section 100.5, section 110: integrity, section 120: objectivity and section 130: professional competence and due care of the 2006 Code; and/or

By-law 34.2 of the 2011 By-laws, in that she conducted herself in a grossly negligent manner.


Charges relating to the Components tender awarded to the joint venture of AAR and JM Aviation


Charge 4

By-law 34.12 of the 2011 By-laws, in that she conducted herself in a manner which is discreditable, dishonourable, dishonest, irregular or unworthy, or which is derogatory to the Institute, or tends to bring the profession of accountancy into disrepute; and/or

By-law 34.10 of the 2011 By-laws, in that she committed a breach of section 100.1 read with section 100.5, section 110: integrity, section 120: objectivity and section 130: professional competence and due care of the 2006 Code; and/or

By-law 34.2 of the 2011 By-laws, in that she conducted herself in a grossly negligent manner.


Charge 5

By-law 34.12 of the 2011 By-laws, in that she conducted herself in a manner which is discreditable, dishonourable, dishonest, irregular or unworthy, or which is derogatory to the Institute, or tends to bring the profession of accountancy into disrepute; and/or

By-law 34.10 of the 2011 By-laws, in that she committed a breach of section 100.1 read with section 100.5, section 110: integrity, section 120: objectivity and section 130: professional competence and due care of the 2006 Code; and/or

By-law 34.2 of the 2011 By-laws, in that she conducted herself in a grossly negligent manner.


Charge 6

By-law 34.12 of the 2011 and/or 2016 By-laws, in that she conducted

herself in a manner which is discreditable, dishonourable, dishonest, irregular or unworthy, or which is derogatory to the Institute, or tends to bring the profession of accountancy into disrepute; and/or

By-law 34.10 of the 2011 and/or 2016 By-laws, in that she committed a breach of

section 100.1 read with section 100.5, section 110: integrity, section 120: objectivity and section 130: professional competence and due care of the 2006 and/or 2014 Code; and/or

By-law 34.2 of the 2011 and/or 2016 By-laws, in that she conducted herself in a

grossly negligent manner.


Charge 7

By-law 34.12 of the 2011 By-laws, in that she conducted herself in a manner which is discreditable, dishonourable, dishonest, irregular or unworthy, or

which is derogatory to the Institute, or tends to bring the profession of accountancy into disrepute; and/or

By-law 34.10 of the 2011 By-laws, in that she committed a breach of section 100.1 read with section 100.5, section 110: integrity, section 120: objectivity and section 130: professional competence and due care of the 2006 Code; and/or

By-law 34.2 of the 2011 By-laws, in that she conducted herself in a grossly negligent manner.


Charge 8

Charge 8 has been abandoned, therefore it no longer appears in the communication.


Charges relating to the Tender for the auditor for SAA for the financial year 2011/2012


Charge 9

By-law 34.12 of the 2011 By-laws, in that she conducted herself in a manner which is discreditable, dishonourable, dishonest, irregular or unworthy, or which is derogatory to the Institute, or tends to bring the profession of accountancy into disrepute; and/or

By-law 34.10 of the 2011 By-laws, in that she committed a breach of section 100.1 read with section 100.5, section 110: integrity, section 120: objectivity and section 130: professional competence and due care of the 2006 Code; and/or

By-law 34.2 of the 2011 By-laws, in that she conducted herself in a grossly negligent manner.


Charge 10

By-law 34.12 of the 2011 By-laws, in that she conducted herself in a manner which is discreditable, dishonourable, dishonest, irregular or unworthy, or which is derogatory to the Institute, or tends to bring the profession of accountancy into disrepute; and/or

By-law 34.10 of the 2011 By-laws, in that she committed a breach of section 100.1 read with section 100.5, section 110: integrity, section 120: objectivity and section 130: professional competence and due care of the 2006 Code; and/or

By-law 34.2 of the 2011 By-laws, in that she conducted herself in a grossly negligent manner.


Charge 11

By-law 34.12 of the 2011 By-laws, in that she conducted herself in a manner which is discreditable, dishonourable, dishonest, irregular or unworthy, or which is derogatory to the Institute, or tends to bring the profession of accountancy into disrepute; and/or

By-law 34.10 of the 2011 By-laws, in that she committed a breach of section 100.1 read with section 100.5, section 110: integrity, section 120: objectivity and section 130: professional competence and due care of the 2006 Code; and/or

By-law 34.2 of the 2011 By-laws, in that she conducted herself in a grossly negligent manner.


Charge 12

By-law 34.12 of the 2011 By-laws and/or Paragraph 4.2.6 of the Disciplinary Code and Procedures in the 2020 By-laws, in that she conducted herself in a manner which is discreditable, dishonourable, dishonest, irregular or unworthy, or which is derogatory to the Institute, or tends to bring the profession of accountancy into disrepute; and/or

By-law 34.2 of the 2011 By-laws and/or Paragraph 4.2.2. of the Disciplinary Code and Procedures in the 2020 By-laws, in that she conducted herself in a grossly negligent manner; and/or

By-laws 34.10 of the 2011 By-laws and/or Paragraph 4.2.5 of the Disciplinary Code and Procedures of the 2020 By-laws of the 2020 By-laws, in that she committed a breach of section 100.1 read with section 110.1, section 110 and/or 111: integrity, section 120 and/or 112: objectivity and section 130 and/or 113: professional competence and due care of the 2006 and/or 2018 Code;


Charge 13

Paragraph 4.2.6 of the Disciplinary Code and Procedures of the 2020 By-laws, in that she conducted herself in a manner which is discreditable, dishonourable, dishonest, irregular or unworthy, or which is derogatory to the Institute, or tends to bring the profession of accountancy into disrepute; and/or

Paragraph 4.2.5 of the Disciplinary Code and Procedures of the 2020 By-laws of the 2020 By-laws, in that she committed a breach of section 100.1 read with section 100.5, section 111: integrity, section 112: objectivity and section 113: professional competence and due care of the 2020 Code; and/or

Paragraph 4.2.2. of the Disciplinary Code and Procedures of the 2020 By-laws, in that she conducted herself in a grossly negligent manner.


Charge 14

By-law 34.12 of the 2011 and/or 2016 By-laws, in that she conducted herself in a manner which is discreditable, dishonourable, dishonest, irregular or unworthy, or which is derogatory to the Institute, or tends to bring the profession of

accountancy into disrepute; and/or

By-law 34.10 of the 2011 and/or 2016 By-laws, in that she committed a breach of section 100.1 read with section 100.5, section 110: integrity, section 120: objectivity and section 130: professional competence and due care of the 2006 and/or 2014 Code; and/or

By-law 34.2 of the 2011 and/or 2016 By-laws, in that she conducted herself in a grossly negligent manner.

Date of hearing20 February 2023 – 3 March 2023
Time9:00-16:30 (Note: Due to security access requirements at the venue, members of the public and the media should be seated by 9:00 in the venue. Late access to the venue may not be possible.)
Place

Level 2, Multifunction Room
Offices of ENSafrica
The MARC | Tower 1
129 Rivonia Road
Sandton

Directions to reserved office parking

1. Enter the MARC from Rivonia Road – look out for the Holiday Inn landmark
2. Take a ticket at 1st set of booms
3. Almost immediately (40m) turn right at the red pillars which say reserved parking
4. Insert your ticket at the 2nd set of booms, take it back and keep it with you (we will validate your parking)
5. Continue down the ramp to Tower 1 | level -3 to the right
6. Park in any of the bays marked “client”
7. Security will direct you to the lifts

Directions to drop off / walk-in entrance:

1. Enter our offices from Maude Street
2. Look out for the yellow entry tunnel
3. Security will direct you into the building