11. This Part applies to all audits of auditees which the Auditor-General- (a) must perform in terms of section 4( 1) or (2); or (b) opts to perform in terms of section 4(3). Authorised auditors 12. (1) The Auditor-General may authorise one or more persons to perform or to assist in the performance of an audit referred to in section 11. (2) Such a person must be- (a) a member of the staff of the Auditor-General who- (i) is registered as an accountant and auditor in terms of the Public Accountants’ and Auditors’ Act; or (ii) is not so registered but has the qualifications, experience and competence referred to in subsection (3)(a); (b) a private practitioner who- 20 25 30 35 40 45 16 No. 27121 Act No. 25,2004 GOVERNMENT GAZE’ITE, 20 DECEMBER 2004 PUBLIC AUDIT ACT, 2004 (i) is registered as an accountant and auditor in terms of the Public Accountants’ and Auditors’ Act and is engaged in public practice as an accountant and auditor; or (ii) is not so registered but has the qualifications, experience and competence referred to in subsection (3)(a); or 5 (c) a person with non-accountancy qualifications, experience and competence to the extent that a person with such qualifications, experience and competence is necessary for any particular audit. (3) The Auditor-General must- (a) determine the minimum qualifications, experience and competence for 10 authorised auditors referred to in subsection (2)(a)(ii) and (2)(b)(ii) for appointment as authorised auditors; (b) after consulting the oversight mechanism, issue a code of conduct for authorised auditors, prescribing - (i) standards of professional conduct for the performance of an audit or their 15 other functions, taking into consideration the manner in which the accountancy and audit profession is regulated in this regard; (ii) any disciplinary steps for misconduct; and (iii) any other relevant matter; (c) determine the manner in which an audit referred to in section 11 must be 20 performed; and (d) determine the manner in which any powers conferred on authorised auditors in terms of this Act may be exercised, and limitations on the exercise of any of those powers. (4) Authorised auditors exercise their functions and powers - 25 (a) in accordance with the code of conduct referred to in subsection (3); and (b) subject to any directives issued by the Auditor-General. (5) The code of conduct for authorised auditors referred to in subsection (3) is subject to any code of professional conduct prescribed by any legislation applicable to public practitioners in the accountancy and auditing profession, and in the event of any 30 inconsistency between the code of conduct referred to in subsection (3) and such code of professional conduct, the latter code prevails. Standards for audits 13. (1) The Auditor-General, after consulting the oversight mechanism, must determine - (a) the standards to be applied in performing audits referred to in section 11 ; (b) the nature and scope of such audits; and (c) procedures for the handling of complaints when performing such audits. (2) In setting standards the Auditor-General must take into account all relevant factors, including- 35 40 (a) best auditing practices, both locally and internationally; and (b) the capacity of the Auditor-General and the auditing profession to comply with those standards. (3) The Auditor-General may- (a) make different determinations on the matters mentioned in subsection (1) for 45 different categories of audits based on recognised best practice; or (b) issue specific directives on those matters in any specific case. Submission of financial statements 14. (1) Financial statements submitted to the Auditor-General for auditing by an auditee which is subject to the Public Finance Management Act or the Municipal 50 Finance Management Act, must be submitted within the period, be in a format, contain the information and otherwise comply with the requirements determined by those Acts. 18 No.27121 Act No. 25,2004 GOVERNMENT GAZETTE, 20 DECEMBER 2004 PUBLIC AUDIT ACT, 2004 (2) Financial statements submitted by an auditee which is not subject to the Public Finance Management Act or the Municipal Finance Management Act, must be submitted within the period, be in a format, contain the information and otherwise comply with any requirements determined- (a) by any legislation applicable to that auditee; or (b) in the absence of such legislation by the Auditor-General. 5 General auditing powers 15. (1) When performing an audit referred to in section 11, the Auditor-General or an authorised auditor has at all reasonable times full and unrestricted access to- (a) any document, book or written or electronic record or information of the 10 auditee or which reflects or may elucidate the business, financial results, financial position or performance of the auditee; (b) any of the assets of or under the control of the auditee; or (c) any staff member or representative of the auditee. (2) The Auditor-General or an authorised auditor may for the purpose of an audit- enter any property, premises or vehicle of or under the control of an auditee, including any property, premises or vehicle where- (i) a document, book or written or electronic record or information, or any 15 assets, referred to in subsection (1) are kept; or (ii) a staff member or representative of the auditee performs work for the 20 auditee; direct a person to produce, or to deliver at a specified place and time and in a specified format- (i) any such document, book or written or electronic record or information, including any confidential, secret or classified document, book, record or 25 information of whatever nature; or (ii) any such asset; inspect, and question any person about, any such document, book or written or electronic record or information, or any such asset; copy, or make extracts from, any such document, book or written or electronic 30 record or information, at the expense of the auditee, or remove such document, book, record or written or electronic information to make copies or extracts; direct a person to disclose, either orally or in writing, any information that may be relevant for the audit, including any confidential, secret or classified 35 information, and question any person about such information; or direct- (i) a person to disclose information or to give answers to questions in terms of this subsection in writing or under oath or affirmation; or (ii) that any such information or answers be recorded. (3) (a) A person who is required in terms of any legislation to maintain secrecy or confidentiality, or not to disclose information relating to a matter, may be required by the Auditor-General to comply with any of the requirements in this section, even though the person would be otherwise in breach of that person’s obligation of secrecy or confidentiality or non-disclosure. (b) Compliance with a requirement of this section is not a breach of any applicable legislation imposing the relevant obligation of secrecy or confidentiality or non- disclosure. 40 45 Searches of property, premises, vehicles and persons 16. (1) When performing an audit, the Auditor-General or an authorised auditor 50 designated by the Auditor-General may, under the authority of a warrant issued by a judge or magistrate- 20 No.27121 Act No. 25,2004 GOVERNMENT GAZEITE, 20 DECEMBER 2004 PUBLIC AUDIT ACT, 2004 (a) enter any property, premises or vehicle on reasonable suspicion that a document, book or written or electronic record or information, or an asset, referred to in section 15(l)(a) or (b) which the Auditor-General or such authorised auditor needs to inspect for the audit is hidden or kept on such property, premises or in that vehicle; (b) search the property, premises or vehicle, or any person on the premises or in the vehicle, for such document, book or written or electronic record or information or asset; and seize such document, book or written or electronic record or information or asset for the purpose of completing the audit. (c) (2) The person conducting the search must provide proof of identify to the person in charge of the property, premises or vehicle. A copy of the warrant must be handed to the person in charge of the property, premises or vehicle or affixed to the property, premises or vehicle at a prominent place. (3) The Auditor-General or such an authorised auditor may request assistance from the South African Police Service or any other law enforcement agency or investigating authority to enforce the provisions of this section. (4) The entering and search of property, premises or a vehicle, and the search of a person, in terms of this section must be conducted with strict regard to decency, order and any affected person’s constitutional rights. Accompanying assistants