No. 37148
GOVERNMENT GAZETTE, 10 December 2013
Act No. 28 of 2013
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Intellectual Property Laws Amendment Act, 2013
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(7) The Minister shall prescribe the fees, processes and formalities
relating to the institution and adjudication of a dispute.
National Council for Indigenous Knowledge
28L. (1) The Minister shall establish a National Council for Indigenous
Knowledge.
(2) The Council shall consist of not less than 15 members, appointed by
the Minister.
(3) The Minister shall designate one of the members of the Council as the
Chairperson of the Council.
(4) Before appointing any person referred to in subsection (2), the
Minister must—
(a) by notice in the Gazette, and any other widely circulated means of
communication call for nominees and state the criteria for such
nominations;
(b) specify a period within which nominations must be submitted; and
(c) consider all nominations before making an appointment.
(5) In appointing the members of the Council, the Minister may
consult—
(a) the Ministers responsible for—
(i) agriculture;
(ii) arts and culture;
(iii) environmental affairs;
(iv) health; and
(v) science and technology;
(b) organised local government;
(c) an association of traditional healers;
(d) the National House of Traditional Leaders;
(e) academia;
(f) the legal profession;
(g) organised commerce and industry; or
(h) any other relevant body or institution.
(6) The Council shall—
(a) be broadly representative of indigenous communities from different
cultures within the Republic; and
(b) at all times have as members—
(i) at least two persons with expertise and extensive knowledge
in, and patronage of, traditional cultures and values of
indigenous communities;
(ii) at least two persons with expertise and extensive knowledge
in, and patronage of, traditional artistic, literary, musical works
and performing arts; and
(iii) at least two persons with expertise and extensive knowledge of
the law.
(7) The Council shall have at least seven meetings per year and a quorum
shall consist of half of the appointed members, plus one.
(8) The members of the Council are appointed on such terms and
conditions, including remuneration, as may be determined by the Minister
in consultation with the Minister of Finance.
(9) A member of the Council shall hold office for a period of three years
and may be reappointed, upon the expiry of that period, for a further period
of three years.
(10) For the sake of continuity, succession planning must include
reappointment of members in such a manner that subsections (6) and (9) are
always adhered to.
(11) The Minister may, subject to the Promotion of Administrative
Justice Act, 2000 (Act No. 3 of 2000), remove a member of the Council
for—
(a) non-performance;
(b) serious misconduct; or
(c) conduct that undermines the integrity or objectives of the Council.
(12) Subject to the Promotion of Administrative Justice Act, 2000 (Act
No. 3 of 2000), the Minister may dissolve the Council—
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