Reevaluating Auditor Responsibilities and Liability in South African Law After Recent Audit Failures in South Africa
Loading...
Files
Date
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Abstract
Financial statement manipulation is the act of adopting innovative accounting
techniques to make a company's financial statements reflect its desired performance
rather than its actual performance. For the past few years, South Africa has suffered
severely from several financial statement fraud by companies. Regardless of the steps
taken by the Independent Regulatory Board for Auditors (IRBA) to reduce financial
statement manipulation, the practice is still widespread. This act is also colloquially
called “cooking the books” and is done to enhance a company’s financial statements
to meet certain targets or to influence investors’ expectations. This is caused by a lack
of ethics in preparing financial statements, fraudulent behaviour, and conflicts of
interest. The fallout from doctored , fraudulent or materially misstated financial
statements is substantial, with investors losing billions of rand in the value of their
investments and employees losing their jobs. This means that the role of external
auditors in auditing annual financial statements is critical, serving as an independent
mechanism that provides reasonable assurance that the annual financial statements
accurately reflect the company's financial position and business results. If this role is
fraudulently or negligently performed, as was the case in a number of case studies in
this research, investors and society at large lose the independent arbiter between
fraudulent corporate financial reporting and the public.
This study focuses on material and fraudulent misstatements in company annual
financial statements and the role of external auditors in the production of the same. It
starts by looking at the role of directors and internal management in the preparation of
annual financial statements. The study then looks at the statutory requirements and
duties of external auditors in the auditing of annual financial statements. Thereafter,
the study focuses on the liability of auditors for fraudulent annual financial statements
to clients and third parties. Comparative analysis with countries such as the UK and
Australia is also conducted. In this regard, the study analyses legislation such as the
Companies Act 71 of 2008, the Auditing Profession Act 26 of 2005, and other relevant
local and foreign legislation, case law, and auditing standards. At the end of the study,
conclusions and recommendations on potential improvements to the law on auditor
liability in cases of fraud in the auditing of annual financial statements are made.
Description
Master of Laws (Research)
Department of Mercantile and Private Law
Department of Mercantile and Private Law
Keywords
Citation
Maswanganyi, C.M. 2026. Reevaluating Auditor Responsibilities and Liability in South African Law After Recent Audit Failures in South Africa. . .