Human Science Research Council Bill

1. 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 2005;10 May 2005 to finalise the draft Bill • Cabinet was approached to consider the draft HSRC Bill

5. 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.

6. 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.

7. 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)

8. 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

9. Key elements of the Bill • Preamble • Objects of Council • Functions of Council • Board of Council • Meetings of Board • Committees of Board • CEO of Council

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

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

17. 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

18. 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

19. 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

20. 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/contributions, & revenue accruing from any source

21. 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

22. Thank You