Page 16 - SAMRC AnnualReport 2025-26

LEGISLATIVE AND OTHER MANDATES

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

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