Contents Chapter 01 Chapter 01 - PowerPoint Presentation

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Contents

Chapter 01Chapter 01Chapter 01Chapter 01Chapter 01Chapter 01Chapter 01

1

IK ACT PRESENTATION

IK Act, (No 6 of 2019) Presentation

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Presentation Outline

Regulations

Public Awareness on the IK ActBiocultural ProtocolSSDUMigration of the registration systemRPLCommercialisation

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3

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.

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Regulations

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.

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Process – 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

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Process – 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

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Process – 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

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Process – 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

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LEGAL 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

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Public 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

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Public 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)

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Biocultural 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.

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Biocultural 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.

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Special 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.

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Special 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

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REGISTRATION 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.

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Migration 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.

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RECOGNITION 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

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DEVELOPMENT 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

-

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DEVELOPMENT 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

-

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Structures 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.

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RPL 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.

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COMMERCIALISATION

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.

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Commercialisation

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

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Commercialisation

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

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Dankie

Ha

khensa

Re a leboga

Ro

livhuwa

Siyabonga

Siyathokoza

Thank youEnkosi