Page 20 - SAMRC Annual Report 2024-2025

LEGISLATIVE AND OTHER MANDATES

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

18 SAMRC ANNUAL REPOR T 2024-25