Disciplinary Hearings Outcomes

Disciplinary Committee and Professional Conduct Committee Outcomes

 

Details of Disciplinary Committee Outcome

Name of Accused Mr. Munroe Ivan Swirsky (See link to Disciplinary Committee Ruling)
Membership Number: 00240556
Case Number: 038/16
Complaint The complaint is that Mr. Munroe Ivan Swirsky is liable to disciplinary action under the following SAICA By-Laws:
By-Law 34.12 of the SAICA By-Laws in that he conducted himself in a manner which, in the opinion of the Professional Conduct Committee or the Disciplinary Committee, is discreditable, dishonourable, dishonest, irregular or unworthy, or which is derogatory to the Institute, or tends to bring the profession of accountancy into disrepute;
–By-Law 34.16 of the SAICA By-Laws in that he without reasonable cause, failed to resign from a professional appointment when requested by a client to do so;
–By-Law 34.17 of the SAICA By-Laws in that he failed to answer or deal with appropriately within a reasonable time any correspondence or other communication from the Institute or any other person which requires a reply or other response; and
–By-Law 34.10 of the SAICA By-Laws in that he committed a breach of the following provisions of the Code:

  • section 100.5 (a), (b), (d) and (e): integrity, objectivity, confidentiality, and professional behaviour;
  • section 110.1: integrity;
  • section 120.1: objectivity;
  • section 140.1 (a) and (b): confidentiality; and
  • section 150.1: professional behaviour
Date of hearing 22 June 2018 and 20 November 2018
Time 09:00 or as soon thereafter as the matter may be heard
Place 17 Fricker Road, Illovo, Sandton, Johannesburg
Outcome The Disciplinary Committee made the following order:

  1. The charges that had been proffered against Mr Swirsky which are contained at pages A001 to A005 of the bundle are dismissed;
  2. The fact that such charges have been dismissed together with the Committees Ruling in respect thereof is to be published in Accounting SA and that is to include the name of Mr Swirsky so as to make clear to the Institute membership that the charges against Mr Swirsky have been dismissed; and
  3. In light of the fact that the Institute electronically communicated with its members to ascertain the whereabouts of Mr Swirsky prior to the commencement of these disciplinary proceedings, the Institute is to, with the same prominence, electronically communicate to all of its members informing them that the charges against Mr Swirsky have been dismissed.