ATC190306: Report of the Portfolio Committee on Science and Technology on the Science and Technology Laws Amendment Bill [B 42 – 2018], dated 6 March 2019

Science and Technology

The following report replaces the Report of the Portfolio Committee on Science and Technology, which was published on page 122 in ATC No 26 – 2019, dated 07 March 2019

 

Report of the Portfolio Committee on Science and Technology on the Science and Technology Laws Amendment Bill [B 42 – 2018], dated 6 March 2019.
 

The Portfolio Committee on Science and Technology, having considered the subject of the Science and Technology Laws Amendment Bill [B 42 -2018] (National Assembly – sec 75), referred to it, and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 42A - 2018].

 

CLAUSE 1

 

1. On page 3, in line 6, after ‘‘;’’ to insert ‘‘and’’.

2. On page 3, in line 12, to omit the second ‘‘;’’ and to substitute ‘‘.’’.

3. On page 3, from line 13, to omit paragraphs (c), (d) and (e).

 

CLAUSE 2

 

Clause rejected.

 

CLAUSE 3

 

1. On page 3, from line 36, to omit subsection (3) and to substitute:

“(3) [If a committee referred to in subsection (1) consists of more than one member, the] The Board shall designate a member of the committee as chairperson thereof.”.

 

CLAUSE 4

 

1. On page 3, in line 47, after “;” to insert “and”.

2. On page 3, from line 48, to omit paragraph (b).

3. On page 3, in line 51, to omit “(c)” and to substitute “(b)”.

4. On page 3, in line 53, to omit “[, in consultation with the Minister,]” and to substitute “, [in] after consultation with the Minister,”.

 

CLAUSE 16

 

1. On page 7, from line 9, to omit paragraph (a).

2. On page 7, in line 13, to omit “(b)” and to substitute “(a)”.

3. On page 7, in line 13, to omit “(c)” and to substitute “(b)”.

 

CLAUSE 17

 

1. On page 7, from line 27, to omit paragraph (b) and to substitute:

(b) by the substitution for subsection (2) of the following subsection:

‘‘(2) A committee referred to in subsection (1) consists of such number of members of the [Academy] Council, and employees of the Academy, if any, and any other persons with suitable skills or experience as the Council may deem necessary, and the Council may at any time dissolve or reconstitute a committee.’’; and

 

CLAUSE 18

 

1. On page 8, in line 5, after “Minister” to insert “as determined by the National Treasury”.

2. On page 8, in line 17, after “term” to insert “by the Council in consultation with the Minister”.

3. On page 8, from line 18, to omit subsection (6).

4. On page 8, in line 19, to omit “(7)” and to substitute “(6)”.

5. On page 8, in line 22, to omit “(8)” and to substitute “(7)”.

6. On page 8, in line 25, to omit “(9)” and to substitute “(8)”.

7. On page 8, in line 29, after “may” to insert “, after consultation with the Minister,”.

 

CLAUSE 22

 

1. On page 9, from line 32, to omit paragraphs (a) and (b).

2. On page 9, in line 39, to omit “(c)” and to substitute “(a)”.

3. On page 9, in line 44, to omit “(d)” and to substitute “(b)”.

4. On page 9, after line 48 to insert the following:

(c) by the substitution in subsection (6) for paragraph (h) of the following paragraph:

“(h) the member as a result of improper conduct is removed from a position of trust [by a competent court of law].”.

5. On page 9, from line 49, to omit paragraph (e).

 

CLAUSE 25

 

1. On page 10, in line 25, to omit “chairperson of the”.

 

CLAUSE 26

 

Clause rejected.

 

CLAUSE 27

 

1. On page 10, in line 45, to omit [, in consultation with the Minister,] and to substitute “, [in] after consultation with the Minister,”.

2. On page 10, in line 47, after “;” to insert “and”

3. On page 11, in line 2, to omit “; and” and to substitute “.”.

4. On page 11, from line 3, to omit paragraph (d) and to substitute:

‘‘(d) by the deletion of subsection (9).’’

 

CLAUSE 36

 

Clause rejected.

 

CLAUSE 37

 

1. On page 12, in line 31, to omit “and”

2. On page, 12 in line 34, to omit “the full stop” and to substitute “; and”

3. On page 12; after line 34 to insert the following:

(c) by the substitution for paragraph (e) of the following paragraph:

“(e) removed as a result of improper conduct from a position of trust [by a competent court of law]; or”.

 

CLAUSE 41

 

Clause rejected.

 

CLAUSE 42

 

1. On page 13, after line 38, to insert the following:

(b) by the substitution for subsection (5) of the following subsection:

“(5) The Chief Executive Officer holds office for a period not exceeding five years and is eligible for reappointment on expiry of his or her term by the Board in consultation with the Minister.” ; and

2. On page 13, in line 39 to omit “(b)” and substitute “(c)”.

3. On page 13, in line 41, to omit “[, with concurrence of the Minister,]” and to substitute “, [with concurrence of] after consultation with the Minister,”.

 

4. On page 13, in line 45, to omit “; and” and to substitute “.”.

5. On page 13, from line 46, to omit paragraph (c).

 

CLAUSE 44

 

1. On page 14, in line 21, to omit “chairperson of the”.

 

CLAUSE 49

 

1. On page 15, after line 12, to insert the following:

(a) by the substitution in subsection (1) for paragraph (f) of the following paragraph:

“(f) has, as a result of improper conduct, been removed from a position of trust [by a competent court of law]; or”;

 

2. On page 15, from line 13, to omit paragraph (a).

3. On page 15, in line 19, after “;” to insert “and”.

4. On page 15, in line 22, to omit “;and” and to substitute “.”

5. On page 15, from line 23, to omit paragraph (e).

 

CLAUSE 53

 

1. On page 16, in line 19, to omit “chairperson of the”.

 

CLAUSE 54

Clause rejected.

 

CLAUSE 55

 

1. On page 16, in line 34, after “;” to insert “and”.

2. On page 16, in line 37, to omit [, with the concurrence of the

Minister,] and to substitute “, [with concurrence of] after

consultation with the Minister,”.

3. On page 16, in line 41, to omit “; and” and to substitute “.”.

4. On page 16, from 42, to omit paragraph (c).

The Democratic Alliance and the Economic Freedom Fighters reserved their opinion on the Bill.

 

Report to be considered