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This briefing outlines the background and process of the Human Sciences Research Council (HSRC) Bill, including the institutions consulted and the key elements of the Bill. The purpose of the Bill is to promote research in the field of human sciences and ensure the continued existence of the HSRC.
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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
Outline • Background • Process • Institutions consulted • Purpose of the Bill • Key elements of the Bill
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
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
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.
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.
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)
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
Key elements of the Bill • Preamble • Objects of Council • Functions of Council • Board of Council • Meetings of Board • Committees of Board • CEO of Council
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
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
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
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
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
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
Meetings of Board • Four times a year • Board will determine procedure • Special meetings • Quorum is majority of Board members
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
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
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
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
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