To:

ZA Dingani

Secretary to Parliament

From:

Adv. SM Maifadi

Manager: Parliamentary Services

Subject:

Comments on Bill: Human Sciences Research Council Bill

Date:

18 July 2007

 

Dear Mr. Dingani

 

We refer to the above subject matter.

 

The Human Sciences Research Council Bill was referred to the National House by parliament. The Bill has been classified as a section 75 Bill and a Bill falling within the ambit of section 18(1) of the Traditional Leadership and Governance Framework Act, 2003 (Act No 41 of 2003)

 

The National House has carefully considered the Bill and hereby wishes to comment as follows:

 

  1. Indigenous knowledge forms part of the cultures, customs and traditions of our people;
  2. Traditional leaders are custodians of cultures, customs and traditions of our people;
  3. The National House is a statutory body representing traditional leaders throughout the country;

 

The House therefore wishes to amend Section 14 by inserting a clause to read as follows:

 

14 (6) The Council must, with regard to research conducted by employees of the Council in the area under the jurisdiction of a traditional leader, notify the National House of Traditional Leaders of its intention to conduct such research.

 

 

Thank you

 

 

SM Maifadi

Manager: Parliamentary Services

 


 

28 May 2007

 

RE: COMMENTS ON THE HUMAN SCIENCES RESEARCH COUNCIL BILL

 

The Human Sciences Research Council (HSRC) has studied the above bill and, also informed by comments made by members of the HSRC Council, wishes to submit the following comments for your attention and possible feedback.

 

 1.   Definitions

 

We submit that the current definitions section of the HSRC bill is lacking in that it does not define “PAJA”, which is referred to in section 5 (8) of the Bill. We suggest the following definition “PAJA” means the Promotion of Administrative Justice Act, 2000 (Act No. 30 of 2000)”.

 

2.  Board of Council

 

We suggest that section 5 be amended by inserting the following -

” (2) For the purpose of fulfilling its responsibilities, the Board shall perform the following functions -

(a) formulate the strategic policies of the HSRC in furtherance of its objects and public purposes, and in consultation with the Minister;

(b) approve and monitor the research priorities and programmes and the business plan and budget of the HSRC;

(c) approve the financial statements of the HSRC;

(d) ensure that the HSRC applies and manages its financial, human, and other resources with economy, efficiency, effectiveness and transparency;

(e) appoint a suitably qualified person to serve as Chief Executive Officer; and

(f) delegate powers to any of its committees, or to the Chief Executive Officer of the HSRC.”

 

 

We further suggest that section 5 (10) of the Bill be amended by substitution of the word “four” with the word “five”. The HSRC is of the view that the duration of the term of office should be similar to the duration of the term of office for the CEO, which is five years.

 

3.  Meetings of Board

 

We suggest that section 7 (5) should be amended as follows “The quorum for a meeting of the Board is fifty percent of its members plus one.

 

4.  Committees of Board

 

Section 8 (4) provides that a member of the Board may not serve on more than two committees. We recognize that it may be necessary, for effectiveness of the Board committees, that the CEO and some Board members serve in more than two board committees. We, therefore, request that this section 8 (4) be deleted from the Bill.

 

5.  Transfer or secondment of certain persons to or from employ of Council

 

We submit that section 13 be amended by

 

(a) Substitution of the word “or” between the words “State” and “of” in subsection 1, 2 and 3, with a comma; and

(b) Inserting the following expression “and another institution” between the words “State” and “may” in subsection 1, at the end of subsection 2 and between the words “aid from the State” and “may” in the last sentence of subsection 3.

 

6.  Intellectual property rights

 

We submit that section 15 (1) be amended by inserting the words “or of any works eligible for copyright protection” between the words “design” and “by an employee”.

 

7.  Transitional provisions

 

It appears to us that in terms of section 20 (3), the current board members who were appointed by regulations issued in terms of the Human Sciences Research Act, 1968, will continue in their roles as board members when this Act comes into force, until their term of office come to an end or until such time the Minister issues new regulations that terminate their appointment.

 

We will appreciate it if you can confirm whether our understanding of this transitional provision is correct.

 

We trust that these comments will be of value to you.

 

Yours sincerely

 

Dr O Shisana

President and CEO