A high profile disciplinary committee set up by the Botswana Institute
of Chartered Accountants (BICA) has begun probing and prosecuting
unregistered accountants, with the guilty facing maximum fines of
P500,000 and/or jail terms of up to 10 years.
Led by
prominent attorney, Rizwan Desai, the six-member committee is to begin
its crackdown on unregistered accountants "within weeks," marking a
historic development for the profession in Botswana. Other committee
members include leading accountants and executives in the local
profession.
The disciplinary body is backed by the new Accountants
Act, passed in 2010, which requires all professional accountants to be
registered with BICA - which in turn is charged with upholding the
highest standards of professionalism in the field.
The Accountants
Act also requires BICA registration for "a person holding a designation
likely to create the impression that he/she is a professional
accountant". Yesterday, BICA CEO, Duncan Majinda, told BusinessWeek the
formation of the new disciplinary committee was necessary given the
weight of sanctions facing delinquents.
"It's important that we
waterproof the disciplinary system or process because, more often than
not, you hear that cases have been dismissed because of technicalities,"
said Majinda who is also a member of the committee.
"There are many
cases we are hearing and others that we are in possession of. We want
the committee in place because we need to call them and put them through
the disciplinary process. "In the next few weeks, some people will be
called to book for operating outside the law: 'This is no longer child's
play.' Recently, the institute revealed that of the 2,000 accountants
operating in government, only 40 were registered, while the private
sector is faced with similar challenges.
"We are getting calls from
all over the place from people who are reporting that so and so is
unregistered," said Majinda. "Our members in Francistown, in particular,
are picking people who are not registered and they are notifying us.
"With
the committee, we will legally approach these people to say they have
not complied with the Act," Majinda said. By registering all
accountants, BICA will be able to enforce world-class standards on the
profession which are critical for the attraction of foreign direct
investment, the enhancement of transparency and accountability and the
combating of crime.
The new committee will discipline registered
members for various offences under BICA's rules and also lead the
prosecution of unregistered accountants for non-compliance with the Act.
Majinda explained that the new committee is already ironing out
potential loopholes for the effective operation of the disciplinary
regime, with grey areas in the Act patched up in the regulations. "In
the past, our disciplinary action was limited to our members, but the
new Act empowers us to act although we use a different way to call you
to book," the CEO said.
"We will issue summons to say you have
breached the requirements of the Act and the disciplinary committee will
be involved in that prosecution."BICA is presently setting up an
appeals committee which the Act requires to be in place for prosecuted
accountants to petition. Majinda said in line with the Act, BICA was
seeking to appoint a former judge to chair the appeals committee.
"The
retired judge will provide a high level of legal expertise without
having the interference of day-to-day duties," said the CEO. Legislators
powered the new Accountants Act in 2010, arguing that increasing
numbers of fly-by-night accountants were swindling clients, providing
low quality service and committing other white collar crimes with near
impunity.
During the Act's debate, some legislators called for the
fine for unregistered accountants to be increased to P1 million, to
stamp out corrupt practices and restore public and investor confidence
in the profession. BICA members found guilty of flouting its rules are
liable to fines, cautions, suspensions and exclusion from the institute,
which is essentially a ban from operating in Botswana as a professional
accountant. Any firm hiring an excluded accountant will also be
reprimanded.