Chapter 01 Chapter 01 Chapter 01 Chapter 01 Chapter 01 1 IK ACT PRESENTATION IK Act No 6 of 2019 Presentation Presentation Outline Regulations Public Awareness on the IK Act Biocultural Protocol ID: 934057
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Slide1
Contents
Chapter 01Chapter 01Chapter 01Chapter 01Chapter 01Chapter 01Chapter 01
1
IK ACT PRESENTATION
IK Act, (No 6 of 2019) Presentation
Slide2Presentation Outline
Regulations
Public Awareness on the IK ActBiocultural ProtocolSSDUMigration of the registration systemRPLCommercialisation
Slide33
REGULATORY FUNCTION OF IK IN THE CONTEXT OF IK ACT
Sets out the processes for:
Access and conditions for use IK.
Management and protection of Rights (Intellectual Property).
Benefit sharing and compliance.
Transboundary arrangement.
National Competent Authority Function.
Slide4Regulations
On 27 March 2020, the DSI’s Executive Management Committee (EXCO) noted the draft regulations. On 17 August 2020, the EXCO was updated on the progress of
finalising the regulations.To date, the draft regulations have been submitted to the DSI’s Legal Service Unit for legal certainty.
Once that process is complete, the regulations will be subjected to interdepartmental committee for consultation before consultation with the general public.
Slide5Process – IK Act Regulations Project Plan 1/4
NO:
ACTIVITY:
DATE
DURATION
RESPONSIBILITY
1.
Draft Regulations
Ongoing
Ongoing Prog 4/LSU
2.
Consultation on Regulations with Governance
3
th
Quarter - 2020
LSU/Governance/
Prog
4
3.
Present Regulations to EXCO
4
th
Quarter - 2020
Prog
4/LSU
4.
Revise Regulations, if required
4
th
Quarter - 2020
Prog
4/LSU
5.
Obtain Minister’s approval
4
th
Quarter - 2020
Prog
4/LSU
6.
Request opinion from OCSLA
1
st
Quarter -
2021
60 – 90 days
LSU
Slide6Process – IK Act Regulations Project Plan 2/4
NO:
ACTIVITY:
DATE
DURATION
RESPONSIBILITY
7.
Preparation of Cabinet Memo for permission for public consultation of the Regulations
1
st
Quarter- 2021
Prog
4/LSU
8.
DSI to present Regulations to Economic Sectors, Employment and Infrastructure Development (ESEID) cluster
As per schedule of ESEID
Prog
4/LSU
9.
Submission of Regulations to Cabinet for approval for public consultation
As per schedule of Cabinet meetings
Prog
4/LSU
10.
Arrange for translation of Regulations into +-2 nominated official languages
2
nd
Quarter - 2021
Prog
4
Slide7Process – IK Act Regulations Project Plan 3/4
NO:
ACTIVITY:
DATE
DURATION
RESPONSIBILITY
11.
Publication of draft Regulations in Gazette for public comments
2
nd
Quarter - 2021Min of 60 days
LSU
12.
Consolidation and analysis of public comment on Regulations and revision of the Regulations, where appropriate
2
nd
Quarter
- 2021
+-30 days
Prog
4/LSU
13.
Submission of revised Regulations to EXCO
3
nd
Quarter - 2021
Prog
4/LSU
Slide8Process – IK Act Regulations Project Plan 4/4
NO:
ACTIVITY:
DATE
DURATION
RESPONSIBILITY
14.
Request approval from the Minister
3
rd
Quarter - 2021 Prog
4/ LSU
15.
Submit draft Regulations to Parliament
4
rd
Quarter - 2021
Prog
4
16.
Publication of the Regulations in the Government Gazette
4
th
Quarter - 2021
LSU
Slide9LEGAL PRESCRIPTS
NO:
ACTIVITY:
STATUS1
Prior Informed Consent Done
2Benefit Sharing Agreements, Non Disclosure Agreements, Material Transfer Agreements
Done
3
License Agreements
Done
4
Application Forms, Registration forms, Community Resolution FormsDone
Slide10Public Awareness on the IK Act
1/2During the public hearing period on the IK Act with the Select Committee on Communications and Public Enterprises, the DSI was requested to embark on a vigorous public awareness campaign on the IK Act in languages of choice in communities and in deep rural communities.
To date, public awareness campaigns have been conducted in the following provinces Limpopo
North WestMpumalangaKwaZulu-Natal
Slide11Public Awareness on the IK Act
2/2
No
Activity Date
Duration Responsibility
1Free State Public Awareness
September 2020
2 Weeks
DSI (Programme 4)
2
Northern Cape
Public Awareness September 20202 Weeks DSI (Programme 4)3Eastern Cape Public Awareness October 2020
2 Weeks
DSI (Programme 4)
4
Western Cape
Public Awareness
November 2020
2 Weeks
DSI (Programme 4)
Slide12Biocultural Protocol
1/2
Biocultural Community Protocols (BCPs) are instruments that set out clear terms and conditions to governments, the private, research, and non-profit sectors for engaging with indigenous and local communities and accessing their local resources and knowledge. T
hey are developed through participatory decision-making processes within the communities and are based on communities’ customary norms, values and laws. Before the regulations on the IK Act are implemented, BCPs should be in place to empower communities on how to engage with third parties. This process is consistent with the Nagoya Protocol which South Africa ratified in 2014.
Slide13Biocultural Protocol
2/2To date DSI has conducted BCPs in the following provinces.
Mpumalanga: 3 communities North West: 3 communities
Free State: 2 communitiesIn the current financial year, the following provinces are being workshopped.GautengNorthern CapeLimpopoThe remaining provinces have been targeted for the 2021/2 financial year.
Slide14Special Service Delivery Unit
1/2
One of the critical provisions of the IK Act is the establishment of the National Indigenous Knowledge Systems Office (NIKSO) as a Special Service Delivery Unit. The main function of the office is the implementation of the IK Act.
DSI requested the Government Technical Advisory Council (GTAC), to conduct a feasibility study and a business case for NIKSO. Following the approval of the two documents by EXCO, on 25 February 2020, an interdepartmental committee meeting comprising DSI, DPSA and National Treasury was convened to consider the two reportsThe Committee recommended that DSI develops a Funding Model for the SSDU and Service Delivery plan. These documents will be presented to EXCO in the 3rd
quarter of 2020/21 financial year.
Slide15Special Service Delivery Unit
2/2
Item
Responsibility StatusFeasibility Study GTACApproved by DSI ExcoBusiness Case
GTAC
Approved by DSI Exco
Interdepartmental Committee
DSI, NT, DPSA
Meeting held in February 2020, with recommendations.
Funding Model
DSI
To be tabled before EXCO for noting in the 3rd Quarter 0f 2020Service Delivery Plan DSITo be tabled before EXCO for noting in the 3rd quarter of 2020
Slide16REGISTRATION OF IK IN THE CONTEXT
OF IK ACTServes the purpose of recording, preserving and protecting the knowledge of indigenous communities from exploitation.
Aims to ensure that the socio-economic benefits arising from the use of communal IK resources will flow back into the local communities who are the generators and custodians of this knowledge.Registration of IK will be facilitated through the office of the Curator.
Slide17Migration of the registration system
The migration of IK Register to the Data Intensive Research Initiative of South Africa (DIRISA) Infrastructure has been complete. What is outstanding is those IKSDCs that are ready in terms of data quality assurance and IT connectivity testing on the South African National Research Network (
SANReN
) to synch data to the Central Register, and the testing of the IK Register on the DIRISA production environment to implement secure access to the Register.
Slide18RECOGNITION OF PRIOR LEARNING (RPL)
Outlines the purpose of the accreditation of assessors, and sets out an application processProvides for persons wishing to register their qualifications as an indigenous knowledge practitioner and be so certified and recorded in the Register of Designations
Slide19DEVELOPMENT OF NORMS & STANDARDS
Province
Status
Scope of competency
KwaZulu-Natal
Completed the first set of norms and standards category
Ubunyanga
/ Herbalist
Ubungoma
/Diviner
Ukubelethisa
/ Traditional Birth Attendant (TBA)North-WestCompleted the first set of norms and standards categoryNgaka/ Diviner/ HerbalistNgaka ya Mphato/Traditional SurgeonMmelegisi/ TBALimpopoCompleted the first set of norms and standards category
Maine/ Diviner/ Herbalists
Musevhetho
/
Murundu
Muvhevhisi
Northern Cape
Initial stakeholder engagement session conducted
Herbalists
Diviner
TBA
Western Cape
Prioritised
-
Free State
Prioritised
-
Slide20DEVELOPMENT OF NORMS & STANDARDS
Province
Status
Scope of competency
Western Cape
Prioritised
-
Free State
Prioritised
-
Mpumalanga
Initial stakeholder engagement session conductedHerbalistsDivinerTBA
Gauteng
Prioritised
-
Eastern Cape
Prioritised
-
Slide21Structures formulated
Provincial Steering Committee
The Department through the University of KwaZulu-Natal established a provincial Steering Committee comprised 13Traditional Healers and Practitioners (THP) in the province. Their appointment was endorsed by the Minister of Higher Education, Science and Technology, Hon Dr Bonginkosi Nzimande for the period of 3 years. The KZN Pilot will pilot test the developed norms and standards on selected districts and population of THPs.
Pilot Task TeamThe Department also introduced a Pilot Task Team as an advisory body to the RPL process nationally. The structure is comprised of the representatives from the THP sector, Traditional Leadership, Academia and other government componentsInstitutional Collaboration The Department is collaborating with the South African Qualifications Authority (SAQA) and the Quality Council on Trade and Occupations in pursuance of developing an IKS-based qualification. The Department is in collaboration with the National and Provincial House of Traditional Leadership, as the pilot was presented at the Provincial House Traditional Leadership.
Slide22RPL PRIORITIES
PRIORITIESAgreements between DSI, SAQA and QTCO on formalizing the designationsPiloting RPL in KwaZulu-Natal Province.
Completion of development of norms and standards in ProvincesContinuous engagement with various sectors of the society for proper interfacing of the developed competences.Mobilising resources to run the RPL effectively and its sustainability.
Provision of Relevant and Affordable IKS based services to communitiesMeasuring the Value of RPL through (to) national identity and social cohesion.
Slide23COMMERCIALISATION
Innovation , incubation and product developmentProvides for the facilitation and coordination by the NIKSO of all IK activities, which relate to the commercial
utilisation of IK products, services and processes.Affords the opportunity for any person who intends to use IK for commercial purposes to apply in the manner prescribed in the regulations for a
licence authorising the use of that IK. Provides procedures to enter into a licence agreement with the trustee of the relevant indigenous community for the use of that IK.
Slide24Commercialisation
UKZN is member of the IK-Based Bio-Innovation Consortium
DSI invests at the African Medicines Laboratory
Prof Nceba Gqaleni – Heads the IK Lab
Four projects in KZN:
HIV
Covid 19
Tuberculosis
Diabetes
Five THPs were part of
CoachLab
Bio-EntrepreneurshipAll given 12 Months mentorship by BioPark, now linked to African Meds Laboratory
Slide25Commercialisation
Product/Project
Community/
ies
Province
Moringa
products
Tooseng’s
Sedikong
Cooperative
LimpopoMoringa productsHammanskraal’s Phedisanang Cooperative Gauteng
Moringa
Products, Jam and indigenous vegetables
Makonde’s MIPFA Cooperative
Limpopo
Phephisa
cosmetic products
Nkomazi’s
Phephisa
institute
Mpumalanga
HIV/AIDS Project (herbs)
Nkabinde’s
family herbs
KZN
Honeybush
community project
George,
Knysna
Eastern and Western Cape
Slide26Dankie
Ha
khensa
Re a leboga
Ro
livhuwa
Siyabonga
Siyathokoza
Thank youEnkosi