Question NW1472 to the Minister of Public Works and Infrastructure
04 May 2022 - NW1472
Hicklin, Ms MB to ask the Minister of Public Works and Infrastructure
(1)Whether, with reference to Clause 15 of the Architectural Profession Act, Act 44 of 2000, which relates to the funds of Council and keeping and auditing of accounts (details furnished), the audited statements were submitted to the Auditor-General in the past three financial years; if not, what is the position in this regard; if so, (2) whether there were any material findings; if not, what is the position in this regard; if so, what are the details of the findings; (3) whether all the necessary governance positions of (a) Chief Executive Officer, (b) Chief Operating Officer and (c) Chief Financial Officer were filled in the past three financial years; if not, what is the position in this regard; if so, what are the further, relevant details?
Reply:
The Minister of Public Works and Infrastructure:
(1) I have been informed by the Department that the professional councils are not listed public entities and therefore they fall outside of the scope of the Public Finance Management Act, 1999 (Act No 1 of 1999) (PFMA), as amended. They are statutory bodies that exist primarily to safeguard the interest of their members, but also serve the public interest purpose of ensuring public safety, by regulating the professions in such a way that registered persons who are practicing professionals and candidates are held accountable in line with the prescribed code of conduct established by the respective Councils. In that regard, many of the requirements on listed public entities, such as the submission of annual financial statements to the Auditor-General South Africa, do not apply to the professional councils. Therefore, there is no requirement that audited financial statements must be submitted to the Auditor General. Section 15 (7) (a) of the Act stipulates that the Council must annually prepare a statement of income and expenditure and a balance sheet demonstrating its financial position as at the close of the financial year to which it relates. This is done without fail.
(a) Furthermore, section 15 (7) (b) enjoins the Council to have the statement and balance sheet audited by an auditor registered in terms of the Public Accountants’ and Auditors’ Act, 1991 (Act No. 80 of 1991). SACAP’s financial statements for the past three financial years have been audited by PriceWaterhouseCoopers. SACAP has now acquired the auditing services of Nexia SAB&T auditors registered with the Independent Regulatory Board for Auditors. There is no legal requirement that SACAP must submit financial statements to the Auditor General.
(2) There were no material findings on the SACAP financial statements. SACAP obtained an unqualified audit.
(3) The Council has filled all key positions including the position of Registrar and Senior Finance Manager. SACAP does not have a position of Chief Operating Officer on its operating model.