Public Accountants' and Auditors' Amendment Act, 1995

1. Section 4 of the Public Accountants' and Auditors' Act, 1991 (hereinafter referred. to .as the principal Act), is hereby amended by the substitution for paragraph (b) of subsection (2) of the following paragraph: 5 "(b) if he has at any time been convicted (whether in the Republic or elsewhere) of theft, fraud, forgery or uttering a forged document, perjury, an offence under the_ [Prevention of Corruption Act, 1958 (Act No. 6of1958)] Corruption Act, 1992 (Act No. 94of 1992), or any 10 offence involving dishonesty, and ha~ been_ sentenced therefor to imprisonment without the option of a fine or to a fine exceeding R300;" . Amendment of section 15 of Act 80 of 1991

2. Section 15 of the principal Act is hereby amended- (a) by the insertion in subsection (2) after paragraph (c) of the following paragraph:· "(d) · is a fit and proper person to be registered as an accountant and auditor,"; and (b) by the insertion after subsection (10) of the following subsection: "(lOA) Any person who is registered in terms of this section as an accountant and auditor may affix the abbreviation 'RAA' after his or her name.". 15 20 4 No. 16549 GOVERNMENT GAZEITE; 21 JULY 1995 Act No. 23, 1995 PUBLIC ACCOUNTANTS' AND AUDITORS' AMENDMENT ACf, 1995 Amendment of section 20 of Act 80 of 1991, as amended by section 2 of Act 70 of 1993

3. Section 20 of the principal Act is hereby amended by the substitution for paragraph (c) of subsection (5) of the following paragraph: . "(c) The board may disclose any information supplied to it in terms of 5 paragraph (b) to any attorney-general or the Registrar of [Deposit-taking Institutions] Banks or any officer in the public service or any member or creditor of the undertaking concerned or any juristic person of whom the undertaking is a member or who has control over the undertaking or who has the power to take disciplinary steps against the undertaking, or to the 10 committee of any stock exchange on which shares of the undertaking are listed, or, if the board believes it to be in the best interests of the public, to any other person, institution or body.". Repeal of laws, extension of application of Act 80 of 1991, and saving 4. (1) Subject to section 5, the laws mentioned in the second column of the 15 Schedule, as in force immediately prior to the commencement of the Constitution in the various areas of the national territory of the Republic shown in the fourth column of the Schedule, are hereby repealed to the extent shown in the third column of the Schedule. . · . . (2) The principal Act, as in force immediately prior to the comme!,lcement of 20 this Act in the national territory of the Republic excluding the areas which comprised the former Republics ofTranskei, Bophuthatswana, Venda and Ciskei and the areas which comprised the territories declared under section 26 of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), to be self-governing territories, shall apply also in those areas. 25 . . , . . . . , (3) Anything done under a law repealed in terms of subsection (1) and which could have been done under a provision of the principal Act shall be deemed to have been done under the last-mentioned provision. , , Transfer of assets, liabilities, rights and obligations of the Transkei Public Accountants' and Auditors' Board 30

5. All assets, liabilities, rights and obligations of the Public Accountants' and Auditors' Board established under section 2 of the Transkei Public Accountants' and Auditors' Act, 1980 (Act No. 30 of 1980), are hereby transferred to the Public Accountants' and Auditors' Board mentioned in section 2 of the principal Act. Short title and commencement 35

6. This Act shall be called the Public Accountants' and Auditors' Amendment Act, 1995, and shall come into ·operationon a date fixed by the President by proclamation in the Gazette. 6 No, 16549 GOVERNMENT GAZETIE, 21 JULY 1995 Act No. 23, 1995 PUBLIC ACCOUNTANTS' AND AUDITORS' AMENDMENT ACT, 1995 SCHEDULE LAWS REPEALED BY SECTION 4(1) Short title Extent of laws · repealed Area of national territory in respect of which law is repealed • Public Accountants'. The whole and Auditors: Act, 1951 Public Accountants' The whole and Auditors' Amendment Act, 1956 The territories of the former Republics of Bophuthatswana, :Venda and Ciskei, and the territories of theformerself governing territories of Lebow a, Gazankulu, Qwaqwa, KwaZulu, KwaNdebeleand KaNgwa11:e Public Accountants' The whole and Auditors' • Amendment Act,· 1957 . :_: . .. Public Accountants' The whole and Auditors' Amendment Act, 1962 . P~blic Aceountants' The whole and Auditors' Amendment Act, 1965 Number and year of law (a) Act No. 51 of 1951 Act No. 47 of 1956 Act No. 64of 1957 Act No: 30of 1962 Act No. 68 of .. . 1965 Act No. 66 of 1968 Act No. SO of 1971 (b) Act No. 61 . of i973 · · . Transvaal. and Natal The whole Societies of Char tered Accountants . Act, 1968 General Law Amendment Act, 1971 Companies Act, 1973 ... Sections 15 and 16 Section 275(1)(e) (c) Act No. 61 of 1973 (Ciskei) Companies Act, 1973 (Ciskei) Sections 275(1)(e), (h) and (i), ,and 282 (d) Act No. 53 of 1975 Public Accountants' The whole and Auditors' Amendment Act, 1975 Act No. 91 of 1979 Public Accountants' The whole and Auditors' Amendment Act, 1979 (e) Act No. 29 of 1980 (Trans kei) Public Accountants' The whole and Auditors' Act, 1980.{Transkei) The territories of the former Republics of Transkei, Bophuthats~ana and : Venda, and the ter~itories 'ofthe for~ : mer self-goverrung territories of Le bowa, Gazankulu, Qwaqwa, KwaZulu, KwaNdebele and KaNgwane ' ' The territory of the for~er Republic of Ciskei The territories of the former Republics of Bophuthatswana, Venda and Ciskei, and the territories of the former self governing territories of Lebowa, Gazankulu, Qwaqwa, KwaZulu, KwaNdebele and KaNgwane The territory of the former Republic of Transkei 8 No. 16549 GOVERNMENT GAZETrE, 21 JULY 1995 Act No. 23, 1995 PUBLIC ACCOUNTANTS' AND AUDITORS' AMENDMENT ACT, 1995 Number and year of law Short title Extent of laws repealed Area of national territory in respect of which law is repealed (f) Act No. 22 of Licences Act, 1982 Schedule 1, item The territory of the former Republic of 1982 ( Ciskei) (Ciskei) . Ciskei lA (g) Act No. 42 ofl982 Act No. 12 of 1983 Public Accountants' The whole and Auditors' Amendment Act,' 1982 . Public Accountants' The whole and Auditors' Amendment Act, 1983 (h) Act No. 15 of 1983 (Trans- kei) General Law Amendment Act, 1983 (Transkei) Section 24 (i) Act No. 48 of Public Accountants' The whole and Auditors' 1984 Amendment Act, 1984 The territory of the former self-gov- · erning territory of KaNgwane .. The territory of the. former Republic of Transkei ' ' The territory of the former self-gov- erning territory of KaNgwane {j) Act No. 6 of Companies Amend- Sections 8, 9 and The territory of the' former Republic of 1986 (Ciskei) Ciskei 10 ment Act, 1986 (Ciskei) ;