Page 15 - SAMRC Annual Report 2023-24

GENERAL INFORMATION

LEGISLATIVE AND OTHER MANDATES

Constitutional mandate • Basic Conditions of Employment Act 75 of 1997,
as amended.
The Constitutional (Constitution of the Republic of
South Africa Act, 1996 (Act 108 of 1996), as amended) • Public Finance Management Act (No.1 of 1999 as
base that supports the SAMRC’s mandate is: amended by Act 29 of 1999).
• The Patents Act 57 of 1978.
• Section 10 (right to human dignity). • Copyright Act 98 of 1978.
• Section 11 (right to life). • Trademarks Act 194 of 1993.
• Section 12 (right to freedom and security of the • Designs Act 195 of 1993.
person). • Implementation of Official Languages Act 12
• Section 14 (right to privacy). of 2012.
• Section 24 (right to environment that is not • Protection of Personal Information Act 4 of 2013.
harmful to health). • Promotion of Access to Information Act 2 of 2000.
• Section 27 (right to healthcare, food, water, and
social security). The Good Practice Codes include:
• King Code on Corporate Governance.
In the Constitutional context, the outcome of SAMRC
work must translate to some realisable proposition • Good Clinical Practices (GCP).
addressing one of these areas. • Good Laboratory Practices (GLP).
Statutory and other mandates The Regulatory Authorities include:
• Information Regulator created in terms of the
The Legal & Compliance Services Division of
the SAMRC has identified 51 Acts of Parliament Protection of Personal Information Act.
(with 23 of those characterised as primary (i.e., • South African Revenue Services.
• Health Professions Council of South Africa.
non-compliance therewith or parts thereof would
be catastrophic to the business/mandate of the • South African Health Products Regulatory
SAMRC). Further to that, 7 Good Practice Standards Authority
(local and international) have been identified to • National Health Research Ethics Council
be applicable to the SAMRC. Last, 10 Regulatory • South African Nursing Council
Authorities have been identified to have authority • South African Dental Technicians Council
over the business or conduct of the SAMRC. • South African Veterinary Council
The 51 acts include the following: Auditors
• Auditor-General South Africa
• SAMRC Act 58 of 1991, as amended. • Internal Auditors
This is the enabling and founding legislation
creating the SAMRC. It is instructive on the Corporate governance embodies processes and
mandate of the SAMRC and the prioritisation of its systems by which public entities are directed,
research programmes. The SAMRC Act empowers controlled and held to account. In addition to
the functional and authoritative structures of the legislative requirements based on a public entity’s
SAMRC to source/employ such resources and enabling legislation and Companies Act, corporate
engage the Executive Authority and such other key governance, with regard to public entities, is applied
stakeholders as may be appropriate to give effect through the precepts of the PFMA and run-in tandem
to the mandate of the SAMRC. with the principles contained within the King Report
• The National Health Act 61 of 2003. on Corporate Governance.
• Intellectual Property, Rights from Publicly
Financed Research and Development Act, 2008. All these instruments are constantly monitored to
• Employment Equity Act 55 of 1998, as amended. attend to necessary reviews as and when public
• Labour Relations Act 66 of 1995, as amended. policy, professional practice and legislative changes
• Employment Equity Act 55 of 1998, as amended. are initiated.

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