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Nzimande Welcomes Passing of Science and Technology Laws Bill

March 4, 2020

Department of Science and Innovation

The higher education, science and technology minister, Dr Blade Nzimande, recently welcomed the passing of the Science and Technology Laws Amendment Bill by the national assembly.

The NA passed the bill and sent it to the national council of provinces for concurrence last week.

The bill was tabled in parliament in November 2018.

It lapsed in May 2019 but was revived by the national assembly in October 2019.

It seeks to amend a raft of acts including the Scientific Research Council Act of 1988, the Academy of Science of South Africa Act of 2001, the Human Sciences Research Act of 2008, the Technology Innovation Agency Act of 2008 and the South African National Space Agency Act of 2008.

One problem that the bill seeks to address is inconsistent, inadequate and uncoordinated management of public entities reporting to the science and technology minister.

The bill seeks to:

• Harmonise the processes for the termination of the membership of Boards or Councils of the entities established by these Acts;
• clarify the requirements for the disqualification of persons from membership of Boards or Councils;
• provide for the appointment of external persons to committees of Boards or Councils;
• provide for the determination of the remuneration and allowances of members of the Boards or Councils and committees of the Boards or Councils;
• provide for consultation with the Minister in the appointment of the Chief Executive Officers of the entities;
• provide for the limitation of the term of office of the Chief Executive Officers of the entities;
• provide for the determination by the Boards or Councils of the procedures at Boards or Councils meetings;
• provide for the procedure for the convening of the Boards or Councils meetings at the request of members of the Boards or Councils;
• provide for disclosure by members of the Boards or Councils of interests in the business of the entities and to harmonise the timeframes for making such disclosures to the Minister;
• provide for the circumstances where members of Boards or Councils are prohibited from participating or voting in Boards or Councils meetings;
• provide for the circumstances where the decisions or acts authorised by the decisions of Boards or Councils may not be invalidated;
• provide for the appointment and secondment of employees of the entities by the Chief Executive Officers and the determination of the conditions of appointment and secondment of employees by the Boards or Councils;
• provide for the repeal of sections dealing with matters that are contained in the Public Finance Management Act, 1999;
• provide for the circumstances under which the entities may be liquidated;
• provide for consultation by the Minister with the Boards or Councils of the entities before making regulations in terms of these Acts;
• provide for the delegation of functions in writing by the Boards or Councils of the entities to individual members or committees of Boards or Councils;
• provide for the requirements for the performance of functions by the entities outside the Republic; and
• provide for matters connected therewith.

In a statement, the minister declared that the main reason for the bill is “not to simply ensure greater administrative efficiency, cost containment, strategic alignment, but it also intends to drive the post-school knowledge and skills development imperatives more decisively”.

The department also highlighted the bill’s intention to clarify the requirements for the disqualification of persons from membership of Boards or Councils and provide for the determination of the remuneration and allowances of members of the Boards or Councils and committees of the Boards or Councils.

In another statement, the minister welcomed the 2020 Budget allocations of about R396 billion to learning and culture.

The minister declared that a feasibility study towards the setting up of a new university of Science and Innovation in Ekurhuleni will be initiated and that the “current phase of the project will be supported by the reallocation of existing financial resources within the Post School Education and Training Sector”.

The plan is also for work to commence on the Pan African University for Space Sciences Institute at the Cape Peninsula University of Technology.