National Research Foundation Amendment Bill Overview

 
NATIONAL RESEARCH FOUNDATION
AMENDMENT BILL [B23-2017]
 
NRF Submission
to the
Select Committee
on Communications & Public Enterprises
National Council of Provinces
 
 
 
Molapo Qhobela PhD,
Chief Executive – National Research Foundation
November 2018
 
Context
 
The NRF Act provides the legal mandate of the NRF, the
authority of the Board to govern and realise the mandate and
manage the operations of the NRF.
The Act has been amended 2 times since 1999
Act No. 16 of 2011: Science and Technology Laws
Amendment Act, 2011
Act No. 7 of 2014: Science and Technology Laws Amendment
Act, 2014
The 2017 Amendment Bill is the most significant amendment to
date.
 
2
 
Rational for the Bill
 
Provide for the Minister to:
determine national research & funding policies and issue
policy guidelines for implementation;
extend the functions, powers and duties of the Foundation;
in particular add to the Mandate of the NRF
to make regulations relating to the determination,
withdrawal or transfer of national research facilities;
to declare a research institution and its eligibility to receive
funding;
introduce new governance arrangements for the NRF
.
 
3
 
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Draft National Research Foundation Amendment Bill, 2014
[October 2014]
Draft National Research Foundation Amendment Bill, 2015
[June 2016]
Draft Science and Technology Laws Amendment Bill, 2016
[June 2016]
National Research Foundation Amendment Bill, 2016
[August 2016]
National Research Foundation Amendment Bill, 2017 [B23 – 2017]
[July 2017 – Cabinet approved the Bill for submission to Parliament]
[February 2018 – PPC on Science and Technology]
[November 2018 – Select Committee on Communications and Public Enterprises]
 
4
 
Some Key Observations
 
 
5
 
The NRF Board welcomes the proposed amendments to the
NRF Act
The majority of the amendments are enabling and provide
clarity of roles and responsibilities of the organisation.
The amendment to the mandate of the NRF is welcomed, in
particular the proposed formulation of the object of the NRF
The NRF welcomes the amendment to empower the Minister to
determine national policy and issue policy guidelines
The NRF welcomes the proposal to enable the NRF to operate
outside of the Republic
The NRF also welcomes the additional function of advising the
Minister
 
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The object of the Foundation 
is to contribute to
national development 
by—
(a) 
 
supporting, promoting and advancing research and human
capacity development, 
through funding and the provision of
the necessary research infrastructure, in order to facilitate the
creation of knowledge, innovation and development in all fields
of science and technology, including humanities, social
sciences and indigenous knowledge;
(b) 
 
developing, supporting and maintaining 
national research
facilities
;
(c) 
 
supporting and promoting 
public awareness of, and
engagement with science
; and
(d) 
 
promoting the development and maintenance of the
national science system 
and support of Government priorities.
 
6
 
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Section 3A
(1)
 
In pursuit of the Government’s objectives and
those of the Foundation, the Minister may, after
consultation with the Foundation and any other
relevant Minister, determine national policies for
research and funding to be implemented by the
Foundation.
(
2
)
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7
 
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(1)
The Foundation may, subject to legislation and other
formal agreements regarding international
cooperation and at the request or with the prior
approval of the Minister, undertake research in any
territory outside the Republic on behalf of any
person, including any government department or
administration.
 
8
 
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(3)
 
 In addition to its other functions in terms of this Act
the Foundation 
must
-
(b)
 
 
advise the Minister and, if so required, the Minister
responsible for higher education and training through the
Minister, with regard to research relating to its object.
 
 
9
 
B
o
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Substitution for subsection (2) of the
following subsection:
“(2) 
(a)
 A committee may consist of such number of members
of the Board and of the staff of the Foundation 
and any other
person with suitable skills and experience as the Board may
consider necessary”.
 
10
 
O
v
e
r
a
l
l
 
N
R
F
 
V
i
e
w
 
 
NRF welcomes the proposed
amendments to the National Research
Foundation Act, and considers the
amendments to be enabling and
providing clarity of roles and
responsibilities of the organisation.
 
 
11
 
12
 
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The National Research Foundation Amendment Bill of 2017 aims to enhance the NRF's mandate by empowering the Minister to set research and funding policies. The proposed amendments seek to expand the NRF's functions, introduce new governance arrangements, and provide clarity on roles and responsibilities. The Bill also allows the NRF to operate beyond the Republic and advise the Minister on policy matters. Various consultations and amendments have shaped the Bill, receiving positive feedback from the NRF Board.

  • NRF
  • Research
  • Funding
  • Bill
  • Governance

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  1. NATIONAL RESEARCH FOUNDATION AMENDMENT BILL [B23-2017] NRF Submission to the Select Committee on Communications & Public Enterprises National Council of Provinces Molapo Qhobela PhD, Chief Executive National Research Foundation November 2018

  2. Context The NRF Act provides the legal mandate of the NRF, the authority of the Board to govern and realise the mandate and manage the operations of the NRF. The Act has been amended 2 times since 1999 Act No. 16 of 2011: Science and Technology Laws Amendment Act, 2011 Act No. 7 of 2014: Science and Technology Laws Amendment Act, 2014 The 2017 Amendment Bill is the most significant amendment to date. 2

  3. Rational for the Bill Provide for the Minister to: determine national research & funding policies and issue policy guidelines for implementation; extend the functions, powers and duties of the Foundation; in particular add to the Mandate of the NRF to make regulations relating to the determination, withdrawal or transfer of national research facilities; to declare a research institution and its eligibility to receive funding; introduce new governance arrangements for the NRF. 3

  4. Timelines on Consultations Draft National Research Foundation Amendment Bill, 2014 [October 2014] Draft National Research Foundation Amendment Bill, 2015 [June 2016] Draft Science and Technology Laws Amendment Bill, 2016 [June 2016] National Research Foundation Amendment Bill, 2016 [August 2016] National Research Foundation Amendment Bill, 2017 [B23 2017] [July 2017 Cabinet approved the Bill for submission to Parliament] [February 2018 PPC on Science and Technology] [November 2018 Select Committee on Communications and Public Enterprises] 4

  5. Some Key Observations The NRF Board welcomes the proposed amendments to the NRF Act The majority of the amendments are enabling and provide clarity of roles and responsibilities of the organisation. The amendment to the mandate of the NRF is welcomed, in particular the proposed formulation of the object of the NRF The NRF welcomes the amendment to empower the Minister to determine national policy and issue policy guidelines The NRF welcomes the proposal to enable the NRF to operate outside of the Republic The NRF also welcomes the additional function of advising the Minister 5

  6. Revised Mandate of the NRF The object of the Foundation is to contribute to national development by (a) supporting, promoting and advancing research and human capacity development, through funding and the provision of the necessary research infrastructure, in order to facilitate the creation of knowledge, innovation and development in all fields of science and technology, including humanities, social sciences and indigenous knowledge; (b) developing, supporting and maintaining national research facilities; (c) supporting and promoting public awareness of, and engagement with science; and (d) promoting the development and maintenance of the national science system and support of Government priorities. 6

  7. Powers of Minister to determine national policies and issue policy guidelines Section 3A (1) those of the Foundation, the Minister may, after consultation with the Foundation and any other relevant Minister, determine national policies for research and funding to be implemented by the Foundation. (2) The Minister may, after consultation with the Foundation, issue national guidelines for the implementation of policies. In pursuit of the Government s objectives and 7

  8. Powers of the NRF Outside of SA (1) The Foundation may, subject to legislation and other formal agreements regarding international cooperation and at the request or with the prior approval of the Minister, undertake research in any territory outside the Republic on behalf of any person, including any government department or administration. 8

  9. Functions, powers and duties of the NRF (3) the Foundation must- (b) responsible for higher education and training through the Minister, with regard to research relating to its object. In addition to its other functions in terms of this Act advise the Minister and, if so required, the Minister 9

  10. Board Committees Substitution for subsection (2) of the following subsection: (2) (a) A committee may consist of such number of members of the Board and of the staff of the Foundation and any other person with suitable skills and experience as the Board may consider necessary . 10

  11. Overall NRF View NRF welcomes the proposed amendments to the National Research Foundation Act, and considers the amendments to be enabling and providing clarity of roles and responsibilities of the organisation. 11

  12. Enkosi, Thank you, Re a leboga, Siyabonga, Dankie 12

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