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SCIENCE AND TECHNOLOGY LAWS AMENDMENT BILL, 2014

Briefing: Select Committee on Education & RecreationDate:11 March 2014

OutlineOutline

• Background

• Purpose of the Bill

• Legislative Process and Consultation

• Key provisions of the Bill

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BackgroundBackground

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• During 2012 DST embarked on a process to review the legislative provisions dealing with the operations and governance of the science councils reporting to the DST.

• The said legislative review exercise was prompted by, amongst others, delays that were experienced in the process of appointing and/or replacing members of the boards/councils of science councils.

• The purpose of the legislative review exercise was to identify factors causing inefficiencies in the operations and governance of the science councils.

Background Cont.Background Cont.

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Some of the factors that were identified as contributing to the inefficiencies in the governance and operations of science councils, are the following:

•Cumbersome processes for the appointment of members of the boards and filing of vacancies;

•Inconsistencies in the processes for the appointment and determination of the conditions of service for the Chief Executive Officer’s;

•Inconsistencies in the processes for the extension of the term of office of members of the boards/councils, and grounds for disqualification and/or termination of membership of the boards.

Purpose of the BillPurpose of the Bill

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The purpose of the Bill is to:

• Streamline processes for the appointment of members of the boards/councils and filing of vacancies, occurring in such boards/councils, to enhance efficiencies;

• Harmonise the process for the appointment of chairpersons of the boards/councils and Chief Eexcutive Officer’s, to ensure consistency;

• Provide for the dissolution and reconstitution of the boards and extension of the term of office of members of the boards, to strengthen the governance of the institutions.

Purpose of the Bill cont:Purpose of the Bill cont:

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• Provides for Parliamentary reporting in relation to all boards/council appointments and dissolution of boards/councils

Legislation ProcessLegislation Process

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• Draft Bill published for public consultation in the Government Gazette – 5 June 2013;

• Gazetted draft Bill forwarded to Science councils for comments - 6 June 2013 (by email)

• Stakeholder comments received/consultation on Bill (Science councils) – June/July 2013;

• Reviewed comments and revised draft Bill - August 2013;

• Cabinet approved draft Bill - September 2013;

Legislation Process cont:Legislation Process cont:

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• Bill certified by the State Law Advisors - October 2013;

• Bill formally introduced into Parliament - October 2013.

• Bill published for public consultation by the Portfolio Committee – Nov 2013

• Bill approved by National Assembly – 4 March 2014

ConsultationConsultation

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Comments on the Bill, pursuant to gazetting by DST

• South African Council for Natural Scientific Professions (SACNASP);

• National Research Foundation (NRF);

• Academy of Science of South Africa (ASSAf); and

• Dr Roelofse - Free State University.

• Comments generally dealt with technical issues relating to the operations of these entities, and were fully addressed with relevant stakeholders.

Consultation cont:Consultation cont:

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Comments on the Bill, pursuant to publication for public consultation by the Portfolio Committee:

• Carl Heinz Uys – independent citizen

• Comments related to governance issues relating to board appointments, to ensure transparency- addressed with the Portfolio Committee.

• Feedback on the comments was provided by Portfolio Committee

• The Bill was broadly welcomed by all stakeholders.

Key Provisions:Key Provisions:CSIRCSIR

SCIENTIFIC RESEARCH COUNCIL ACT, 1988

• Provides for independent appointment of the Chairperson by the Minister.

• Streamlines the process for the appointment of members of the Board.

• Provides for the extension of the term of office of members of the Board, if necessary.

• Sets out the grounds for disqualification of members of the Board.

• Provides for the dissolution and reconstitution of the board.

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Key ProvisionsKey ProvisionsCSIR cont:CSIR cont:

• Harmonises the process for the appointment and determination of the conditions of service of the Chief Executive Officer.

• Provides for Parliamentary reporting in relation to all boards/council appointments and dissolution of boards/councils

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Key ProvisionsKey ProvisionsNRFNRF

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National Research Foundation Act, 1998

•Provides for the appointment of additional 2 (two) members to the NRF board from the National Advisory Council on Innovation (NACI) and the Council on Higher Education (CHE);

•Streamlines the process for the appointment of members of the Board;

•Harmonises the process for the appointment of the Chief Executive Officer.

•Provides for the extension of the term of office of members of the Board, if necessary;

Key ProvisionsKey ProvisionsNRF cont:NRF cont:

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• Provides for the grounds for termination of membership of the Board;

• Provides for the dissolution and reconstitution of the Board.

• Provides for Parliamentary reporting in relation to all boards/council appointments and dissolution of boards/councils

Key Provisions Key Provisions ASSAfASSAf

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Academy of Science of South Africa Act, 2001

• Provides for the extension of the term of office of members of the Council, if necessary

• Provides for Parliamentary reporting in relation to all boards/council appointments and reappointments

Key Provisions Key Provisions SACNASPSACNASP

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Natural Scientific Professions Act, 2003

•Streamlines the process for the appointment of members of the Council.

•Harmonises the process for the appointment of the Chief Executive Officer.

•Harmonises the process for the extension of the term of office of members of the Board to ensure consistency with the other Science councils.

•Provides for the dissolution and reconstitution of the Board.

Key ProvisionsKey Provisions SACNASP cont: SACNASP cont:

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• Relaxes the requirement for professional registration for membership qualification to the council by state employees.

• Provides for Parliamentary reporting in relation to all boards/council appointments and dissolution of boards/councils

Key ProvisionsKey ProvisionsHSRCHSRC

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Human Science Research Council Act,1997

•Streamlines the process for the appointment of members of the Board.

•Provides for the extension of the term of office of members of the Board, if necessary.

•Provides for the dissolution and reconstitution of the Board.

•Harmonises the process for the appointment and determination of the conditions of service of the Chief Executive Officer.

•Provides for Parliamentary reporting in relation to all boards/council appointments and dissolution of boards/councils

Key ProvisionsKey ProvisionsTIATIA

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Technology Innovation Agency Act, 2008

•Streamlines the process for the appointment of members of the Board.

•Harmonises the process for the appointment and conditions of service of the Chief Executive Officer.

•Provides for mechanisms to ensure broad representativity of the Board.

•Provides for the extension of the term of office of members of the Board, if necessary.

•Provides for the dissolution and reconstitution of the Board.

Key ProvisionsKey ProvisionsTIA cont:TIA cont:

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• Provides for Parliamentary reporting in relation to all boards/council appointments and dissolution of boards/councils

Key Provisions Key Provisions SANSASANSA

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South Africa National Space Agency Act, 2008

• Streamlines the process for the appointment of members of the Board and filling of vacancies in the Board.

• Harmonise the process for the appointment and determination of the conditions of service the Chief Executive Officer.

• Provides for the dissolution and reconstitution of the Board.

• Provides for Parliamentary reporting in relation to all boards/council appointments and dissolution of boards/councils

Dankie

Enkosi

Ha khensa

Re a leboga

Ro livhuwa

Siyabonga

Siyathokoza

Thank you

Presentation www.dst.gov.za

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