Related documents
- Is amended by Public Enterprises Governance Act, 2006
- Is commenced by Commencement of Research, Science and Technology Act, 2004

Research, Science and Technology Act, 2004
Act 23 of 2004
- Published in Government Gazette 3356 on 23 December 2004
- Assented to on 8 December 2004
- Commenced on 1 November 2011 by Commencement of Research, Science and Technology Act, 2004
- [This is the version of this document from 1 November 2006 and includes any amendments published up to 11 April 2025.]
- [Amended by Public Enterprises Governance Act, 2006 (Act 2 of 2006) on 1 November 2006]
Part I – PRELIMINARY
1. Definitions
In this Act, unless the context otherwise indicates -“chief executive officer” means the person appointed as chief executive officer in terms of section 14;“Commission” means the National Commission on Research, Science and Technology established by section 4;“commissioner” means a person appointed as commissioner in terms of section 6;“committee” means a committee established under section 13, and includes a standing committee established by that section;“council” means a council established under section 19(1);“designated group” means a designated group as defined in section 1 of the Affirmative Action (Employment) Act, 1998 (Act No. 29 of 1998), and includes -(a)in addition to the groups specified in section 18 of that Act, a group which was or is disadvantaged by unfair discrimination on the basis of age; and(b)any body, organisation or association, whether corporate or unincorporated, the majority of whose members are persons belonging to a designated group;“executive committee” means the committee established by section 12;“financial year” means the financial year of the Commission referred to in section 25;“Fund” means the National Research, Science and Technology Fund established by section 23;“Minister” means the Minister responsible for science and technology;“national programme” means the national research, science and technology programme contemplated in section 18;“prescribed” means prescribed by regulation;“public good research” means any research, scientific or technological activity the outcome of which is of public interest and the result of which is available to the general public;“regulation” means a regulation made under section 35;“research” means the systematic investigation or analysis into, and study of, materials, sources and the physical universe in order to establish facts and knowledge and reach conclusions;“research institute” means any research, science or technological organisation, institute, society or other body, whether corporate or unincorporated, and whether in the public or private sector, which has the practicing of research, science or technology as a part of its activities;“rule” means a rule made under section 17;“science” means the systematic study of nature, society and behaviours of material and the physical universe based on observation, experimentation and formulation of laws to describe these facts in general terms, and includes natural sciences, engineering sciences, medical sciences, agricultural sciences, social sciences and humanities;“staff member” means a staff member as defined in section 1 of the Public Service Act, 1995 (Act No. 13 of 1995);“technology” means the application of science principles to industry or commerce or the application of total practical knowledge and skills available to human society for industry, arts and science, and includes indigenous technology; and“this Act,” includes the regulations.2. Objects of Act
3. Powers of President and Minister
Part II – NATIONAL COMMISSION ON RESEARCH, SCIENCE AND TECHNOLOGY
4. Establishment of Commission
There is established a juristic person to be known as the National Commission on Research, Science and Technology.5. Functions and powers of Commission
6. Constitution of Commission
The Commission shall be constituted, and the commissioners, including the chairperson and the vice-chairperson of the Commission, shall be appointed in accordance with, and for a period as determined under, sections 14 and 15 of the Public Enterprises Governance Act, 2006, but the membership of the Commission must include -7. Disqualification for appointment as commissioner
A person may not be appointed as a commissioner, if such person -8. ***
[section 8 deleted by Act 2 of 2006]9. Vacation of office by commissioner
10. Alternate commissioner
11. Meetings of Commission
12. Executive committee
13. Committees of Commission
14. Chief executive officer
15. Staff of Commission
16. Remuneration and allowances
17. Rules by Commission
Part III – NATIONAL RESEARCH, SCIENCE AND TECHNOLOGY PROGRAMME, COUNCILS AND RESEARCH INSTITUTES
18. National research, science and technology programme
19. Establishment of councils
20. Registration of research institutes
21. Monitoring of research and related activities
22. Information to be given to Commission
Part IV – NATIONAL RESEARCH, SCIENCE AND TECHNOLOGY FUND AND FINANCIAL PROVISIONS
23. Establishment of National Research, Science and Technology Fund
There is established a fund to be known as the National Research, Science and Technology Fund.24. Moneys of Fund
25. Financial year and budget
26. Auditing
27. Annual report
Part V – GENERAL PROVISIONS
28. Disclosure of interest
29. Confidentiality
A commissioner or member of the executive committee or a committee, the chief executive officer, an employee of the Commission or any other person who is or was involved in the administration of this Act, may not disclose to any other person any confidential information acquired in the performance of any function whether before, during or after his or her involvement in the affairs of the Commission, except for the purposes of the performance of his or her functions in terms of this Act, or when required to do so by any other law or a court of law.30. Personal liability
A commissioner or member of the executive committee or a committee, the chief executive officer, any employee of the Commission or any person or body to whom or to which any power or function has been delegated or assigned under this Act, is not personally liable for any damage or loss arising out of any act or omission committed in good faith by such person or body except such damage or loss was caused as a result of the gross negligence or dishonesty or unlawful conduct of such person or body.31. Delegation of powers and assignment of function
32. Validity of decisions
A decision taken by the Commission or the executive committee or an act performed under the authority of the Commission or the executive committee is not invalid by reason only of -33. Intellectual property rights
34. Offences
35. Regulations
36. Transitional and savings provisions
37. Repeal of laws
The Scientific Research Council Act, 1988 (Act No. 46 of 1988) is repealed.38. Short title and commencement
This Act -History of this document
01 November 2011
01 November 2006 this version
23 December 2004
08 December 2004
Assented to
Cited documents 5
Act 5
1. | Public Service Act, 1995 | 318 citations |
2. | Banking Institutions Act, 1998 | 225 citations |
3. | Public Accountants’ and Auditors’ Act, 1951 | 204 citations |
4. | Higher Education Act, 2003 | 49 citations |
5. | Affirmative Action (Employment) Act, 1998 | 33 citations |
Documents citing this one 15
Gazette 11
Act 2
1. | Public Enterprises Governance Act, 2006 | 93 citations |
2. | Biosafety Act, 2006 | 10 citations |
Government Notice 1
1. | Research, Science and Technology Regulations, 2011 |
Law Reform Report 1
1. | Report on the Repeal of Obsolete Laws |
Subsidiary legislation
Title
|
|
---|---|
Research, Science and Technology Regulations, 2011 | Government Notice 208 of 2011 |