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Public Accountants’ and Auditors’ Act, 1951
Act 51 of 1951
- Published in South African Government Gazette 4663 on 20 July 1951
- Assented to on 18 June 1951
- Commenced on 1 November 1951 by Date of Commencement of the Public Accountants' and Auditors' Act, 1951
- [This is the version of this document from 6 November 2013 and includes any amendments published up to 7 February 2025.]
- [Amended by Public Accountants' and Auditors' Amendment Act, 1956 (Act 47 of 1956) on 22 June 1956]
- [Amended by Public Accountants' and Auditors' Amendment Act, 1957 (Act 64 of 1957) on 1 January 1958]
- [Amended by Public Accountants' and Auditors' Amendment Act, 1962 (Act 30 of 1962) on 23 March 1962]
- [Amended by Public Accountants' and Auditors' Amendment Act, 1965 (Act 68 of 1965) on 4 June 1965]
- [Amended by Transvaal and Natal Societies of Chartered Accountants Act, 1968 (Act 66 of 1968) on 1 February 1970]
- [Amended by General Law Amendment Act, 1971 (Act 80 of 1971) on 14 July 1971]
- [Amended by Public Accountants' and Auditors' Amendment Act, 1975 (Act 53 of 1975) on 18 June 1975]
- [Amended by Public Accountants' and Auditors' Amendment Act, 1979 (Act 91 of 1979) on 29 June 1979]
- [Amended by Public Accountants' and Auditors' Amendment Act, 1982 (Act 42 of 1982) on 24 March 1982]
- [Amended by Public Accountants' and Auditors' Amendment Act, 1983 (Act 12 of 1983) on 24 March 1982]
- [Amended by Public Accountants' and Auditors' Amendment Act, 1984 (Act 48 of 1984) on 11 April 1984]
- [Amended by Public Accountants' and Auditors' Amendment Act, 1985 (Act 51 of 1985) on 8 May 1985]
- [Amended by Public Accountants' and Auditors' Amendment Act, 1986 (Act 45 of 1986) on 30 April 1986]
- [Amended by Public Accountants' and Auditors' Amendment Act, 1988 (Act 9 of 1988) on 16 March 1988]
- [Amended by Accountants’ and Auditors’ and Financial Institutions Amendment Act, 1988 (Act 92 of 1988) on 15 July 1988]
- [Amended by Territorial Sea and Exclusive Economic Zone of Namibia Act, 1990 (Act 3 of 1990) on 9 March 1990]
- [Amended by Public Accountants' and Auditors' Amendment Act, 1994 (Act 10 of 1994) on 20 September 1994]
- [Amended by Public Accountants' and Auditors' Amendment Act, 2013 (Act 10 of 2013) on 6 November 2013]
1. Definitions
In this Act, unless the context otherwise indicates -[definition of “advisory committee” deleted by Act 30 of 1962]“articled clerk” means a person who is duly bound to serve under articles of clerkship;“articles” or “articles of clerkship” means a written contract whereby any person is duly bound to serve another for a specified period and is entitled to receive training in the profession of a public accountant and auditor;“board” means the Public Accountants’ and Auditors’ board established under section two;“examining board” means the South African Accountants Societies General Examining Board established in pursuance of an agreement entered into between the four societies and the Rhodesia Society of Chartered Accountants and signed on behalf of the four societies and the said Society during the period between the twentieth day of March and the twenty-ninth day of June, 1942;[definition of “examining board” substituted by Act 53 of 1975]“Institute” means the Institute of Chartered Accountants of Namibia;[definition of “Institute” inserted by Act 10 of 1994]"Minister” means the Minister of Finance;“prescribed” means prescribed by or under this Act;“public accountant” means a person who is engaged in public practice;“public practice” means the practice of a person who performs the functions of an accountant or auditor, and for that purpose holds himself out as an accountant or auditor and places his services at the disposal of the public for reward, but does not include services which are substantially at the command of any one person or of the State;[definition of “public practice” amended by Act 47 of 1956][definition of “Republic” inserted by Act 30 of 1962 and deleted by Act 10 of 1994]“society” means any one of the following societies, which are in this Act collectively referred to as the four societies, namely:(a)The Transvaal Society of Chartered Accountants;(b)The Cape Society of Chartered Accountants;(c)The Natal Society of Chartered Accountants; and(d)The Orange Free State Society of Chartered Accountants.[The definition of “society” is substituted by Act 53 of 1975. The full stop at the end should be a semicolon since the definition is no longer the last one in the list.][definition of “Union” deleted by Act 30 of 1962]“University” means the University of Namibia established by section 2 of the University of Namibia Act, 1992 (Act 18 of 1992)[The definition of “University” is inserted by Act 10 of 1994. There is no full stop after this definition in the Government Gazette.]2. Establishment of Public Accountants’ and Auditors’ Board
There is hereby established a board to be known as the Public Accountants’ and Auditors’ Board, which shall be a body corporate, capable of suing and being sued in its corporate name, and of performing all such acts as are necessary for or incidental to the carrying out of its objects and the performance of its functions and duties under this Act.3. Constitution of board
4. Qualifications of members and vacation office
[The heading, which is substituted by Act 10 of 1994, appears to be missing the word “of” in the phrase “vacation [of] office”.]5. Tenure of office by members of board
6. Chairman and vice-chairman of the board
7. Meetings of board
8. Quorum, majority decision and chairman’s casting vote
9. Reports to Minister
10. Committees of board
11. Funds of board and keeping and audit of accounts
12. Remuneration and allowances of members of board and committees
21. General powers of board
22. Prohibition on practising as public accountant and auditor by unregistered person
After the expiration of a period of six months from the commencement of this Act or such further period as the board may in any particular case allow, no person shall -23. Registration of accountants and auditors
23A. Restrictions in connection with non-resident accountants and auditors
23B. Exemption of certain non-resident accountants and auditors
24. Articles of clerkship
25. Examinations
26. Powers and duties of auditors
26bis. Information to be furnished by accountants and auditors
27. Disciplinary powers of board
28. Enquiry by board
28bis. Suspension from practising of registered accountants and auditors who are mentally disabled
28ter. Privileges of board
No legal proceedings, whether criminal or civil, shall lie against the board or any member or officer thereof in respect of any act or duty performed in accordance with the provisions of section twenty-six, twenty-seven, twenty-eight or twenty-eight bis.[section 28ter inserted by Act 30 of 1962]29. Admission to societies
30. Offences and penalties
31. ***
[section 31 deleted by Act 66 of 1968]32. ***
[section 32 deleted by Act 66 of 1968]33. Application to South-West Africa
This Act shall apply also to the territory of South-West Africa.34. Short title and commencement
This Act shall be called the Public Accountants’ and Auditors’ Act, 1951, and shall come into operation upon a date to be fixed by the Governor-General by proclamation in the Gazette.[The Republic of South Africa Constitution Act 32 of 1961 provided in Article 3(b) that as from 31 May 1961, any reference to the Governor-General in any law in force in the Union of South Africa or in any other territory in respect of which Parliament is competent to legislate shall be construed as a reference to the Republic or the State President as the circumstances may require. However, by this time the Act had already come into operation on a date fixed by the Governor-General.]History of this document
06 November 2013 this version
20 September 1994
09 March 1990
15 July 1988
16 March 1988
30 April 1986
08 May 1985
11 April 1984
24 March 1982
29 June 1979
18 June 1975
14 July 1971
Amended by
General Law Amendment Act, 1971
01 February 1970
04 June 1965
23 March 1962
01 January 1958
22 June 1956
01 November 1951
20 July 1951
18 June 1951
Assented to
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