Memorandum 

TO: Chairperson of the PC on Science and Technology: Mr G Oliphant

DATE: 11 February 2009

SUBJECT: Appointment of Board Members for the SANSA and TIA

LEGAL ADVISER: Ms R Mathabathe: Parliamentary Legal Services Office

MEMORANDUM

1. You requested an outline of the process for the appointment of Board members for the Technology Innovation Agency and the South African National Space Agency.

2. Section 5(4) and (5) of the Technology Innovation Agency Act, 2008 (Act 26 of 2008) ("the TIA Act") deals with the appointment of Board members for the Technology Innovation Agency ("TIA").

3. This section does not set out a clear process but rather, in subsection (4) requires the Minister to appoint a panel which must compile a shortlist of candidates which shortlist must be compiled after a transparent and competitive nomination process.

4. Subsection (5) provides that the Board members are appointed by the Minister in consultation with the National Assembly on grounds of relevant knowledge and experience.

5. Section 7 of the South African National Space Agency Act, 2008 (Act 36 of 2008) (""the SANSA Act") deals with the appointment of Board members for the South African National Space Agency ("SANSA"). This section sets out a clear process for the appointment of these members.

6. I am of the view that the process set out in the SANSA Act, which is both transparent and competitive, may be followed in the appointment of the Board members for TIA.

7. The process as set out in the SANSA Act is as follows:-

7.1 Minister publishes a notice in the Gazette and at least two national newspapers calling upon the public to nominate persons with the relevant knowledge and experience to serve on the Board;

7.2Minister appoints a panel of experts to compile a shortlist, which shortlist must have not more than thirty (30) candidates;

7.3The panel, through its chairperson, submits the shortlist to the Minister;

7.4Minister submits the shortlist together with candidates' CVs to the National Assembly, through the Speaker;

7.5The National Assembly, through the Committee, approves the shortlist and submits the approved shortlist, with enough names to afford the Minister a choice, to the Minister; and

7.6Minister appoints between ten (10) and fifteen (15) members from the approved list.

8. If the Minister gets less that the required minimum of ten (10) candidates, the process may be undertaken again until the Minister has the required number of members of the Board.

Ms R Mathabathe Parliamentary Legal Adviser