PARLIAMENT PUBLIC HEARING ON THE HSRC BILL: 14 - 15 AUGUST 2007

Institution	Clause	Issues raised	Motivation/Comment	Supported/ not Supported	DST Proposal
HSRC	1 Definition	PAJA referred to in 5(8) has to be defined in the definition section		Supported
HSRC	5	We suggest that section 5 be amended by inserting the following - (2) For the purpose of fulfilling its responsibilities, the Board shall perform the following functions - (a) formulate the strategic policies of the HSRC in furtherance of its objects and public purposes, and in consultation with the Minister; (b) approve and monitor the research priorities and programmes and the business plan and budget of the HSRC; (c) approve the financial statements of the HSRC; (d) ensure that the HSRC applies and manages its financial, human, and other resources with economy, efficiency, effectiveness and transparency; (e) appoint a suitably qualified person to serve as Chief Executive Officer; and (f) delegate powers to any of its committees, or to the Chief Executive Officer of the HSRC.”		Not supported	These issues are fully dealt with in sections 47 to 51 of the PFMA and as such do not necessarily require mention herein. We have already indicated in clause 2 that the PFMA applies to the HSRC
HSRC	5(10)	We further suggest that section 5 (10) of the Bill be amended by substitution of the word “four” with the word “five”.	The HSRC is of the view that the duration of the term of office should be similar to the duration of the term of office for the CEO, which is five years.	Not supported	The term of office for the CEO is five years and is determined separately from the term of appointment of the board members. For the purpose of ensuring that there is uniformity with regard to the term of office of board members of the science councils, DST has resolved to make the term of office four years in all the science councils.
HSRC	7(5)	We suggest that section 7 (5) should be amended as follows “The quorum for a meeting of the Board is fifty percent of its members plus one.”	It is not always possible to reach a two third majority quorum and as such 50% plus one is reasonable	Supported	The expression "The quorum for a meeting is the majority of its members" will be used instead "fifty percent plus one".
HSRC	8(4)	We request that this section 8 (4) be deleted from the Bill	We recognize that it may be necessary, for effectiveness of the Board committees, that the CEO and some Board members serve in more than two board committees.	Supported
HSRC	12	We submit that section 12 be amended by (a) Substitution of the word “or” between the words “State” and “of” in subsection 1, 2 and 3, with a comma; and (b) Inserting the following expression “and another institution” between the words “State” and “may” in subsection 1, at the end of subsection 2 and between the words “aid from the State” and “may” in the last sentence of subsection 3.	Sometimes it becomes necessary for HSRC to receive seconded officials from, for example, UNESCO or other NGOs and section 13 as is currently will invalidate those secondments.	Supported	We suggest that the clause be amended by including 12(3) and (4) so that it becomes clearer: “12(3) A person who is in the employ of another institution may with his or her consent and the approval of the CEO be transferred or seconded to the employ of the Council.”  "12.(4)  A person who is in the employ of the Council may, with his or her consent and with the approval of the Chief Executive Officer, be transferred or seconded to the employ of another institution.” The old 12(3) becomes 12(5)
HSRC	14(1)	We submit that section 14 (1) be amended by inserting the words “or of any works eligible for copyright protection” between the words “design” and “by an employee”.	The clause currently does not recognize IP in copyright and we are of the opinion that this is an unintended consequence.	Supported	To cover all aspects of IP, mention of specifics will be done away with and intellectual property be used in general. In this way no other aspects of IP will be left out.
National House of Traditional Leaders	14	The House wishes to amend section 14 by inserting a clause to read as follows: 14(6) The Council must, with regard to research conducted by employees of the Council in the area under jurisdiction of a traditional leader, notify the National House of Traditional Leaders of its intention to conduct such research.	1. Indigenous knowledge form parts of the cultures, customs and traditions of our people; 2. Traditional leaders are custodians of cultures, customs and traditions of our people; 3. The National House is a statutory body representing traditional leaders throughout the country.	Supported