HSRC Bill

1
HSRC Bill DST Comments

• Comments i.r.o Clause 5(3) (page 4 line 42)
• Suggested changes by Committee
• The Minister in consultation with the Portfolio
  Committee responsible for Science and Technology
  appoints members .

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DST Comments continued

• In practice the expression after consultation
  is used as opposed to in consultation. The
  following serve as examples thereof -

3
DST Comments continued

• Appointment of members of the South African
  Housing Development Board
• Minister invites nominations, Parliamentary
  Committee review candidates and make
  recommendations, Minister appoints members with
  due consideration to the recommendations of the
  Committee.

4
DST Comments continued

• National Research Foundation Act
• Minister appoints members of the Board after
  consultation with relevant committees of the
  National Assembly and NCOP and after
  consideration of the shortlist of candidates.
• SABC Act
• The twelve non-executive members of the Board
  must be appointed by the President on the advise
  of the National Assembly.

5
DST Comments continued

• Media Development and Diversity Agency
• Six members of the Board must be appointed by the
  President on the recommendation of the National
  Assembly.

6
DST Comments continued

• It thus appears that the intention of the
  legislature in all the referred to Bills is to
  enhance the separation of powers between the
  legislature and the executive.
• This intention ought to be respected in all
  respects.

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DST Comments continued

• Conclusion
• In line with the above precedent, the DST deem it
  prudent for the appointment of members of the
  Board to be made by the Minister after
  consultation with the Committee as opposed to in
  consultation.
• The DST also note that the processes detailed
  above, whilst meant to ensure proper governance
  of institutions, are time-consuming and at some
  instances create administrative burdens, for
  example, having to extend the current Board of
  Council pending the appointment of the new one.

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• Ke a Leboga