Human Science Research Council Bill

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Human Science Research Council Bill

• Briefing to the Select Committee on Education and
  Recreation 17 October 2007

Dr Phil Mjwara Director General Department of
Science and Technology Republic of South Africa
2
Outline

• Background
• Process
• Institutions consulted
• Purpose of the Bill
• Key elements of the Bill

3
Background

• HSRC established through the Human Sciences
  Research Act, 1968 (Act 23 of 1968)
• Rationale for new Bill
• -DST commenced with harmonisation of legislation
• -Cabinet suggested that the HSRC Act be reviewed
  in line with the current state of affairs
• -October 2003 - HSRC Institutional Review
• Recommendation - called for a stronger focus on
  the Public Purpose approach of the HSRC to
  orientate give scope to its activities in
  future

4
Process

• Consultations between HSRC DST in the process
  of drafting of the Bill
• HSRC held a workshop with various stakeholders
  at Premier Conference Centre (28/02/2005)
• Comments invited from the public through the HSRC
  website
• A consolidated report which included inputs from
  the workshop public comments on the draft Bill
  was submitted to the DST
• DST held working sessions-6 April 2005 03 May
  200510 May 2005 to finalise the draft Bill
• Cabinet was approached to consider the draft HSRC
  Bill

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Process (cont)

• Cabinet requested a full briefing on the
  strategic positioning of the HSRC
• DST presented to Cabinet on 11 October 2006
• On 28 November 2006 the Bill was presented to the
  Cabinet Committee members were requested to
  submit further comments to the Minister
• On 06 December 2006, Cabinet approved the
  submission of the HSRC Bill to Parliament for
  consideration
• HSRC Bill was published for public comments on 25
  May 2007. Closing date for comments was 01 June
  2007.

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Process (cont)

• The Portfolio Committee on Science and Technology
  held its public hearings on the Bill on the 14th
  of August 2007 in Parliament.
• Comments were received from the National House of
  Traditional Leaders and the Human Sciences
  Research Council and dealt with.
• The Bill was approved by the National Assembly on
  12 September 2007.

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Institutions Consulted

• HSRC Board
• HSRC Institutional Review Panel
• Council for Scientific and Industrial Research
  (CSIR)
• National Research Foundation (NRF)
• Africa Institute of South Africa (AISA)
• The Economic and Social Research Institute
  (Ireland)
• Department of Labour
• South African University Vice-Chancellors
  Association
• Interfaith Community Development Association
• Policy Coordination and Advisory Services (The
  Presidency)

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Purpose of the Bill

• To provide for
• the promotion of research in the field of human
  sciences
• the continued existence of the HSRC and
• matters connected therewith

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Key elements of the Bill

• Preamble
• Objects of Council
• Functions of Council
• Board of Council
• Meetings of Board
• Committees of Board
• CEO of Council

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Key elements of the Bill (cont)

• Employees of Council
• Transfer or secondment of persons to or from
  employ of Council
• Intellectual property rights
• Funds of Council
• Regulations
• Repeal of laws

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Preamble

• Necessary to promote human science research of
  highest quality
• Improve understanding of social conditions
• Members of the human sciences community must
  engage in Africa rest of the world

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Objects of Council

• Initiate, undertake foster basic research
  applied research in human sciences
• Inform making monitoring of policy evaluate
  implementation of policy
• Stimulate public debate-dissemination of research
• Build research capacity infrastructure

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Objects of Council (cont)

• Foster support research collaborations,
  networks institutional linkages
• Respond to the needs of vulnerable marginalised
  groups
• Develop make publicly available new data sets
  to underpin research

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Functions of Council

• Undertake investigations research
• Advise the Minister
• research utilisation of research results manner
  in which research may be promoted development of
  HR in research

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Board of Council

• Board composition
• Criteria for selection
• Financial expert representative from rest of
  Africa catered for
• Term of office is four years with provision for
  reappointment

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Meetings of Board

• Four times a year
• Board will determine procedure
• Special meetings
• Quorum is majority of Board members

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Committees of Board

• Establish one or more committees
• Board members may be members of such committee(s)
• Governance committee
• Advise Board in connection with matters relating
  to proper governance of Council

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CEO of Council

• Board appoints CEO with approval of Minister
• Term of office is 5 years
• Serve for not more than 2 consecutive terms
• CEO absence for period over two months
• CEO absence for period less than two months

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Employees of Council/Transfer or secondment of
persons

• Employees of Council
• CEO appoints
• Compliance with labour legislation
• Board to approve terms conditions of employment
• Transfer or secondment of persons
• Person in full time employ of State or from
  another institution may be transferred or
  seconded to Council with consent
• Rights and privileges not to be adversely
  affected

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Intellectual Property Rights/ Funds

• IPR
• Rights in respect of any intellectual property by
  employee vests in the Council
• Intellectual property is registered, Council must
  award financial participation in the proceeds
  derived from such at a prescribed percentage
• Funds
• Parliament fees, royalties, donations/contributio
  ns, revenue accruing from any source

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Regulations

• Regulations
• Make regulations on any matter that may or must
  be prescribed
• Interim measures for governance - Board is
  dissolved
• Repeal and amendment of laws of laws
• HSRC Act, 1968 (Act no 23 of 1968)
• Amendments-1975 1980 1985 1990
• Asociated Institutions Pension Fund Act, 1968

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• Thank You