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Science and Technology Laws Amendment Act in Effect Soon

March 31, 2021

Department of Science and Innovation

The Science and Technology Laws Amendment Act comes into effect on 1 April 2021.

The science and innovation department published the proclamation in Government Gazette 44333.

The act was assented to in October 2020.

Parliament passed the bill and sent it to the president for assent in July 2020.

The bill was tabled in parliament in November 2018.

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

The national assembly passed the bill and sent it to the national council of provinces for concurrence in February 2020.

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

The Science and Technology Laws Amendment Act aims to amend the Scientific Research Council Act, 1988, the Academy of Science of South Africa Act, 2001, the Human Sciences Research Council Act, 2008, the Technology Innovation Agency Act, 2008, and the South African National Space Agency Act, 2008, so as 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 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 formatters connected therewith.