14 March 2025

High Court dismisses Kwinana Review Application against Ruling by SAICA Disciplinary Committee

Johannesburg, Friday, 14 March 2025 – The South African Institute of Chartered Accountants (SAICA) welcomes the High Court Judgment issued on 12 March 2025, which dismissed the review application brought by Ms. Yakhe Kwinana. SAICA considers the dismissal of the review application as confirmation of the robustness and integrity of SAICA’s disciplinary processes in ensuring accountability and upholding the highest ethical standards in the profession.

The Gauteng Division of the High Court heard the matter in January 2025, following Ms. Kwinana's decision to challenge the ruling made by SAICA’s Disciplinary Committee (DC) in March 2023. The Court dismissed the review application and ordered Ms. Kwinana to pay SAICA’s costs in respect of the application. The full Court Judgment is available on the SAICA website.

The DC had conducted a thorough and transparent hearing, ultimately finding Ms. Kwinana guilty on 13 of the 14 charges brought against her with one charge being withdrawn. As a result, the DC imposed the following sanctions:

  • Exclusion from SAICA membership: The DC ruled that Ms. Kwinana was not a fit and proper individual to be a member of SAICA and ordered her immediate removal.
  • Financial penalties:
  • A fine of R300,000 per charge for Charges 3 and 9.
  • A fine of R500,000 per charge for Charges 1, 2, 4, 5, 6, 7, 10, 11, 12, 13, and 14.
  • The total fine imposed by the DC amounts to R6.1 million.

A summary of the ruling in respect of Ms. Kwinana’s disciplinary hearing is available on the SAICA website.

As a result of the High Court’s dismissal of Ms. Kwinana’s review application, SAICA will now proceed with the necessary legal steps to recover the R6.1 million fine imposed by the DC as well as the costs ordered by the Hight Court. This enforcement action aligns with SAICA’s unwavering stance on accountability and ensures that disciplinary rulings carry meaningful consequences.

SAICA remains committed to upholding the highest ethical and professional standards in the accountancy profession, ensuring that members adhere to the principles of integrity, transparency, and good governance. Furthermore, SAICA would like to extend its sincere appreciation to the witnesses, parties, and organisations who came forward to assist with the necessary information required to successfully prosecute this matter.

About SAICA

The South African Institute of Chartered Accountants (SAICA), South Africa’s pre-eminent accountancy body, is recognised as the world’s leading accounting institute and is home to the leading CA designation in the world The Institute provides a wide range of support services to more than 60 000 members and associates who are chartered accountants (CAs[SA]), as well as associate general accountants (AGAs[SA]) and accounting technicians (ATs[SA]), who hold positions as CEOs, MDs, board directors, business owners, chief financial officers, auditors and leaders in every sphere of commerce and industry, and who play a significant role in the nation’s highly dynamic business sector and economic development.

SAICA is a member of Chartered Accountants Worldwide (CAW), a global family that connects over 1,8 million fellow Chartered Accountants and students in more than 190 countries. Together, we support, develop, and promote the role of Chartered Accountants as trusted business leaders, difference makers, and advisers.

SAICA Media Contacts

Kgauhelo Dioka,
***@saica.co.za
Project Manager: Communications
SAICA Brand Division