HUMAN SCIENCES RESEARCH

COUNCIL BILL (SUGGESTED AMENDMENT)

Board of Council

5. (1) The Council is governed and controlled by a Board in accordance with this Act.

(2) The Board consists of—

(a) a chairperson designated by the Minister;

(b) not less than six and not more than nine other members; and

(c) the chief executive officer, who is a member of the Board by virtue of his or her office.

(3) The Minister, in consultation with the National Assembly, appoints members of the Board after publishing a notice in the Government Gazette and two other newspapers circulating in the Republic calling upon members of the public to nominate persons contemplated in subsection 2)(a)and (b) [in the prescribed manner, which must be transparent and fair].

(4) The members of the Board contemplated in subsection (2)(a) and (b) are appointed in their personal capacities and must be persons who—

(a) have distinguished themselves in the field of the human sciences or who possess special qualifications, experience or skills in relation to some aspect of the functions of the Council; and

(b) are citizens of or have the right of permanent residence in the Republic, with the exception of the distinguished representative of the social science research community in the rest of Africa contemplated in subsection (5)(b).

(5) (a) The composition of the Board must be broadly representative of—

(i) the demographics [gender composition] of the Republic; and

(ii) the various sectors in the field of the human sciences.

(b) At least one of the members appointed to the Board must have financial expertise and at least one other member appointed to the Board must be a distinguished representative of the social science research community in the rest of Africa.

(6) A member of the Board ceases to hold office if—

(a) the member resigns by written notice to the Minister;

(b) the member’s estate is sequestrated or assigned for the benefit of, or if the

member compounds with, the creditors of the member;

(c) a competent court finds that the member is of unsound mind;

(d) the member is convicted of an offence and sentenced to imprisonment without the option of a fine;

(e) the member is absent from three consecutive meetings of the Board without the leave of the Board;

(f) the member is elected as a member of the National Assembly, a provincial legislature or the council of a municipality, or is appointed as a permanent delegate to the National Council of Provinces by a provincial legislature in accordance with the Constitution and the National Council of Provinces (Permanent Delegates Vacancies) Act, 1997 (Act No. 17 of 1997);

(g) the member ceases to be a citizen of or to have the right of permanent residence in the Republic, except for the distinguished representative of the social science research community in the rest of Africa contemplated in subsection (5)(b); or

(h) the member is removed from a position of trust by a competent court of law.

(7) The Minister may after consultation with the Board remove a member of the Board from office on reasonable grounds. The Minister must inform the National Assembly of his or her decision and the reasons thereof.

(8) Subject to the Promotion of Access to Justice Act, 2000 (Act No. 3 of 2000), the Minister may dissolve the Board.

(9) If a member of the Board ceases to hold office or is removed from office in terms of subsection (7), the Minister may, subject to subsection (3), appoint a person in that member’s place for the remaining part of the term of office.

(10) A member of the Board holds office for a period not exceeding four years and may be reappointed subject to subsections [(6), (7) and] (11).

(11) No member may serve for more than two consecutive terms except that if all the members’ terms lapse at the same time the Minister may extend the Chairperson’s and two (2) other members’ terms for one (1) more term to ensure continuity.

Reporting by Council

16 (1) The Board must annually submit to the Minister a report on the activities of the Council.

(2) The Minister must table the report submitted by the Board in the National Assembly.