1. Training Regulations
2. Arbitration process
3. Disciplinary process
4. Academic progress rule
1. Training Regulations
The South African Institute of Chartered Accountants after consultation with relevant stakeholders has issued the Training Regulations 2007 (as amended). These regulations are intended to regulate training of trainee accountants thereby ensuring that:
- The training offices are authorized to provide training to trainee accountants.
- The training received by trainee accountants is of the required standard and quality.
- The training environment is free of malpractices.
- Disciplinary measures are taken if there is an alleged misconduct by the trainee or the trainee accountant.
Training Regulations - English (full document)
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2. Arbitration process
Arbitration is one mechanism of dispute resolution that is used by SAICA to resolve issue/s between the trainee and training officer pertaining to the training contract. This process is invoked upon request by either of the party to the dispute and only if they were unable to resolve the issue.
The arbitration process
A. ADMINISTRATIVE PROCEDURES
SAICA will inform the parties at least 10 working days in advance of the date of the arbitration meeting.
B. FORMAT OF THE ARBITRATION MEETING
Step 1
Both parties, i.e. the training officer and the trainee, present their opening statements.
Step 2
The training officer -
- leads evidence
- calls witnesses if necessary
The trainee accountant cross-examines the training officer and the witnesses
The training officer re - examines witnesses.
Step 3
The trainee -
- presents his/her case
- leads evidence
- calls witnesses, if necessary
The training officer cross-examines the trainee and the witnesses
The trainee re-examines the witnesses.
Step 4
The Chairperson -
- asks questions of clarity to both parties
- makes a ruling that is binding on both parties.
C. RULES GOVERNING THE PROCEEDINGS
- No party is allowed legal representation at the proceedings.
- Documentary evidence required (substantiated with sufficient proof).
- Progress reviews/appraisals
- Evaluations/assessments
- Development plans
- Targets/standards attained, etc.
- The same witness may be called by both parties. A witness may only be present at the hearing when giving evidence.
- The proceedings will be in English and SAICA may provide an interpreter if informed in advance.
- The proceedings will be minuted (not verbatim).
D. WORDS OF ADVICE/GENERAL INFORMATION
1. Parties need to be well-prepared for the hearing.
2. Parties need to bring admissible evidence to support their case.
3. Sufficient copies of documentation need to be available for all parties.
4. The duration of the arbitration may take a minimum of four hours.
3. Disciplinary process
The disciplinary rules as contained in SAICA’s Constitution, By-laws and the Code of Professional Conduct apply to trainee accountants and the training officers. A training officer must bring to SAICA’s notice any circumstances that may constitute improper conduct on the part of a trainee accountant, and vice versa, in accordance with the prescribed procedures prescribed in Annexure 3. Depending on the nature of the alleged misconduct, a complaint may be referred to any of the following committees for a decision:
- TRECO’s Professional Conduct Committee; or
- SAICA’s Professional Conduct Committee; or
- SAICA’s Disciplinary Committee; or
- The IRBA’s investigation committee.
If a trainee is found guilty of improper conduct, the relevant committee must either -
- refuse the trainee permission to register a new training contract;
- impose conditions in respect of an existing or new training contract;
- extend the term of a training contract;
- refuse to recognise all or part of the previous training record/experience;
- reprimand and/or caution of the trainee accountant;
- Sanctions that may be imposed by the committees referred to in this regulation are dealt with in the SAICA By-laws and the Auditing Profession Act.
4. Academic progress rule
A trainee accountant has a responsibility to ensure that, where applicable, he meets the requirements of the Academic Progress Rule. The training officer also has a responsibility to discuss with each trainee at the beginning of the training contract what constitutes academic progress and to monitor trainee’s academic progress.
Academic Progress means satisfactory completion of all or sufficient subjects to enable the trainee to make one further year of progress to wards the completion of the CTA or equivalent (i.e. progressing one year closer to writing Part 1 of the QE, i.e. the trainee must achieve at least one year of academic progress during any two calendar years, and this progress is measured by the trainee’s passing of examinations of the education institution).