The Head: Legal Services Attention: Ms.
(As introduced in the National Assembly (proposed section 75); explanatory summary of Bill published in Govemment Gazette No.
[ ] Words in bold type in square brackets indicate deletion from existing enactments.
To amend the Natural Scientific Professions Act, 2003, (Act No.
to amend the National Research Foundation Act, 1998, (Act No.
to amend the Africa Institute of South Africa Act, 2001, (Act No.
to amend the Academy of Science of South Africa Act, 2001, (Act No.
to amend the Scientific Research Council Act, 1988 (Act No. 46 of 1988) SO as to amend certain definitions and insert certain new definitions; to correct certain references; to effect certain technical corrections; to delete certain inappropriate or obsolete provisions; and to provide for matters connected therewith; and to amend the National Advisory Council on Innovation Act, 1997 (Act No. 55 of 1997) so as to amend certain definitions and insert certain new definition; to provide for the appointment of an independent chief executive officer; to effect certain technical corrections; and to provide for matters connected therewith.
Amendment of section 1 of Act 27 of 2003 1.
"Constitution" means the Constitution of the Republic of South Africa, [1993 (Act No. 200 of 1993)] 1996 (Act No.
"Minister" means the Minister [of Arts, CUlture,] responsible for Science and Technology."
Amendment of Section 3 of Act 27 of 2003 2. Section 3 of the Natural Scientific professions Act, 2003, is hereby amended a.
"(iv) broadly represent the demographics of the Republic."
Amendment of Section 6 of Act 27 of 2003 3.
U(c) after the commencement of the Constitution of the Republic of South Africa, [1993(Act No. 200 of 1993)] 1996 (Act No.
"(e) was appointed in terms of section 3 ill(b) and ceases to be employed by the State".
Amendment of Section 20 of Act 27 of 2003 4.
"(i) if, after the commencement of the Constitution of the Republic of South Africa , [1993 (Act no. 200 of 1993)] 1996 (Act No.
"Minister' means the Minister [of Arts, Culture,] responsible for.
Amendment of Section 6 of Act 23 of 1998 2.
by the substitution for subparagraph (ii) of subsection (1)(a) of the following subparagraph: "(ii) not fewer than nine and not more than eleven other members, appointed by the Minister; after consultation with the Minister responsible for [of] Higher Education and Training; and".
"(SA) No member may serve more than two consecutive terms."
has, after the commencement of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), been convicted of an offence whether in the Republic or elsewhere, and sentenced to imprisonment without an option of a fine.
Repeal of Section 22 of Act 23 of 1998 3. Section 22 of the National Research Foundation Act, 1998, is hereby repealed.
Substitution of certain expression in Act 23 of 1998 4. The National Research Foundation Act, 1998 is hereby amended by the substitution for the expression 'president', wherever it occurs in the Act, of the expression 'chief executive officer'.
Amendment of Section 8 of Act 68 of 2001 2.
"(1) The Council must meet at least [three times a year] once a quarter, and meetings shall be held at such times and places as the chairperson may determine by notice in writing to the other members."
Repeal of Section 17 of Act 68 of 2001 3. Section 17 of the Africa Institute of South Africa Act, 2001 is hereby repealed.
Substitution of certain expression in Act 68 of 2001 4. The Africa Institute of South Africa Act, 2001 is hereby amended by the substitution for the expression 'council', wherever it occurs in sections 4, 8, 12, 14 and 18, of the expression 'institute'.
Amendment of section 1 of Act 67 of 2001 1.
Amendment of section 7 of Act 67 of 2001 2.
"(f) has been found gUilty of misconduct after a formal hearing for conduct which may bring the Academy into disrepute [, but a member may not vacate office until the next annual general meeting at which the vacation of office must appear on the agenda.]; and such finding has been confirmed at the annual general meeting".
"(4) Membership lapses if subscription fees, as prescribed, have not been paid within [three months after they become due] a stipulated period."
Amendment of section 14 of Act 67 of 2001 3.
"(1) The Academy may, sUbject to legislation and other formal agreements regarding international cooperation and in order to achieve its objectives, render support relevant thereto to any South African citizen in any territory outside the Republic."
Amendment of Section 1 of Act 46 of 1988, as amended by section 1 of Act 71 of 1990 1.
Amendment of Section 4 of Act 46 of 1988, as amended by section 3 of Act 71 of 1990 2.
(4) For the achievement of its objects contemplated in section 3, the CSIR, may in the field of research co-operate with departments of State, universities,[technikons] universities of technology, colleges, scientific institutions and other persons.
Amendment of Section 6 of Act 46 of 1988 3.
"(3) The Minister may after consultation with the [concurrence of the] Board determine that any property (excluding land and buildings) of the CSIR used by the CSIR in connection with the performance or exercise of the function or power transferred in terms of subsection (1), shall be transferred to the body of persons or department of State concerned."
Amendment of Section 7 of Act 46 of 1988 4..
"(2A) before appointing members of the Board, referred to in subsection 2(a) and (b), the Minister must appoint an independent panel which must compile a shortlist of candidates, after following a transparent and competitive nomination process."
"(5) The members of the Board, including the chairman shall all be persons who have achieved distinction in science [or]& industry or finance or who have special knowledge or experience in relation to some aspect of the CSIR's functions, and be broadly representative of the demographics of the Republic".
Amendment of Section 11 ofAct46 of 1988 5.
"(5) The Board must meet at least once a quarter".
Amendment of Section 15 of Act 46 of 1988 6.
by the deletion of paragraph (b) of subsection (1).
by the deletion of paragraph (a) of subsection (2).
Repeal of Section 17 of Act 46 of 1988 7.
Amendment of Section 18 of Act 46 of 1988 8.
"(6) any matter in respect of which the Minister considers necessary or expedient to regulate. in order to achieve the objects of this Act."
Substitution of Section 20 of Act 46 of 1988 9.
"20 The [State] President may by proclamation in the Gazette assign the administration of this Act to any Minister, and may determine that any power or duty conferred or imposed by this Act on such Minister, shall be exercised or carried out by that Minister after consultation with one or more other Ministers".
Repeal of Section 21 of Act 46 of 1988 10. Section 21 of the Scientific Research Council Act, 1988 is repealed.
Substitution of certain expressions in Act 46 of 1988 11. The Scientific Research Council Act, 1988 is hereby amended by the substitution for the expressions 'chairman', 'president' and 'Executive Management Board', respectively, wherever they occur in the Act, of the expressions 'chairperson', 'chief executive officer' and 'Executive Management Committee', respectively.
Insertion of certain words in Act 46 of 1988 12. The Scientific Research Council Act, 1988 is hereby amended by the insertion of the words 'or her' after the word 'his', wherever it occurs in the Act.
Substitution of Section 24 of Act 46 of 1988 13.
"24 This Act shall be called the Scientific Research Council Act, 1988, and shall come into operation on a date to be fixed by the [State] President by proclamation in the Gazette."
Amendment of section 1 of Act 55 of 1997 1.
'''innovation' [means the process of transforming an idea, generally generated through research and development into a new of improved product, process or approach, which realtes to the real needs of society and which involves scientific, technological organisational or commercial actiVities] refers to the application in practice of creative new ideas!
Amendment of Section 5 of Act 55 of 1997 2.
"(d) an officer of the Department of Trade and Industry nominated by the Minister responsible for Trade and Industry, appointed by the Minister.
Substitution of section 11 of Act 55 of 1997 3.
11.(1) The Minister must appoint a suitably qualified person as a chief executive officer of NACI.
[(1)] ill Work incidental to the performance of NACI's functions shall be performed by the chief executive officer of NACI and officers appointed in terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994).
on recommendation of NACI and with the approval of the Minister of Finance, determine the remuneration, including reimbursement for travelling, subsistence and other expenses of such person or body.
The Department of Science & Technology was established in 2004. Prior to 2004, it was part of the department of Arts, Culture, Science and Technology, under the Ministry of Arts, Culture, Science and Technology. The subsequent establishment of the Department of Science & Technology (DST) has impacted on a number of Acts, under the authority of the Minister of Science & Technology.
2.1 The draft Bill seeks to effect, amongst others, technical corrections to definitions and other references to enhance clarity, and to strengthen institutional oversight and governance of the public entities reporting to the Department.
2.2 The amendments therefore seek to eliminate possible confusion regarding definitions such as the title of the chief executive officer of some public entities as well as the designation of the portfolio of the Minister and to effect other consequential changes that were necessitated by the recent macro reorganization of State.
Natural Scientific Professions Act, 2003 (Act No.
Corrects incorrect references to, amongst others, the Constitution and the designation of the portfolio of the Minister, and provides for a requirement to ensure broad representativity on the board, and extends the requirement for a professional qualification or registration to state employees as well, as a condition for their appointment to the board.
National Research Foundation Act, 1998 (Act No.
Changes the title of the chief executive officer of the Foundation and corrects the references to the designation of the portfolio of the Minister and the Minister of Higher Education and Training, and sets a limit on the terms of office of members of the board, and set out grounds for their disqualification for members of the board.
Africa Institute of South Africa Act, 2001 (Act No.
Corrects the references of the department designation of the portfolio of the Minister and changes some incorrect references to 'Council' instead of 'Institute'.
Academy of Science of South Africa Act, 2001 (Act No.
Corrects references to the designation of the portfolio of the Minister and effects certain other technical corrections.
Scientific Research Council Act, 1988 (Act No.
Changes the title of the chief executive officer of The Council and provides for procedures prior to making appointments of members of the board to ensure consistency with all the public entities reporting to the Department, and provides for a requirement for broad representativity on the board.
National Advisory Council on Innovation Act, 1997 (Act No.
Corrects the references to the department and the portfolio of the Minister, and excludes the requirement for approval of Cabinet for the establishment of the Minister's Committee on Science and Technology, and provides for the appointment of an independent chief executive officer of NACI.
The proposed amendments are technical in nature and have therefore not required consultation.
There will be no costs implications relating to the implementation of the Bill. The proposed amendments are purely of an administrative nature.
The State Law Advisors and the Department of Science and Technology are of the opinion that this Bill should be dealt with in terms of the procedure established by section 75 of the Constitution, since it contains provisions to which the procedure set out in section 76 of the Constitution applies.
5.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a)of the Traditional Leadership and Governance Framework Act, 2003 (Act No.41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.