Sihlalo namalungu ahloniphekileyo, nabamele uMnyango Wezesayensi Nezobuchwepheshe, loMthetho ufike ngesikhathi esikahle lapho sigubha usuku lwamakhosikazi kuyo yonke le nyanga ka-Agasti, futhi uMnyango wenze ukuthi mhla zi-8 Agasti uhlomulise abesifazane ababambe iqhaza elikhulu kwezesayensi nezobuchwepheshe kanti kanjalo nePhalamende belibambe iPhalamende Labesifazane. Siyawuncoma-ke lo Mthetho ofike ngesikhathi esinjalo.
Okwesibili okudala ukuthi siwuncome lo Mthetho ukuthi kungekudala besikhuluma nge-TIA ekhuluma ngokukhuphula izinga lomnotho lapha eNingizimu Afrika. Njengoba-ke sesiqhamuka nalo Mthetho, kusho ukuthi izinga lomnotho lizokhuphuka hhayi kubantu abaphakeme kuphela kodwa nalabo abajwayekile bazotomula lapha kulo Mthetho. Kubalulekile-ke ukuthi uma lo Mthetho usuyoqeda unyaka kube sekwakhiwe amaziko afanele ukuthi abhekelele ukuthi abantu abenza ucwaningo ngemali evela embusweni balwenza ngendlela ezoba nembuyiselo embusweni.
Siyazi ukuthi umthetho udinga imali, ucwaningo ludinga imali ngokunjalo ingqondo nobucopho budinga imali, ngakho uMnyango ubeke imali engangezigidi ezi-R90 ukubhekelela izinto eziningi, ikakhulukazi ukwakha la maziko okade kukhulunywa ngawo ... (Translation of isiZulu paragraphs follows.)
[Ms B T NGCOBO: Chairperson, hon members and the officials of the Department of Science and Technology, I want to mention that this Bill came at the right time as we are celebrating Women's Month, which is August. Interestingly this department had a function on 8 August 2008 to award women who played a vital role in science and technology and Parliament also has just hosted the Women's Parliament. We appreciate the timing of this Bill.
Our second reason for supporting this Bill is that not so long ago we were talking about the Technology Innovation Agency, TIA, which is aimed at accelerating economic growth in South Africa. The passing of this Bill will further accelerate economic growth. This growth will not only be for a selected few or the rich, but ordinary people will also benefit from this Bill. It would therefore be important that within a year of the coming into effect of the Act, there are proper structures in place to monitor the people who are doing research through state funding and also to check whether they are conducting it in a way that will benefit the state.
We know that for the Bill to work, it needs money. The research too, needs money as well as the intellect and brain. And owing to all this, the department has put aside the sum of R90 million to fund major projects, such as the building of ...]
... the office of the transfer of technology and the National Intellectual Property Management Office, Nipmo.
Kuzovulwa amahhovisi ezobuchwepheshe esingawabiza ngokuthi ohluzingqondo. Kuwona lawo mahhovisi kuzobe kubhekisiswa ucwaningo olwenziwa ngabantu. Kuzobe kukhona ongoti abazobe bebheke yonke imikhakha ngoba bazobe befundiseke ngakho konke okuqondene nalo Mthethosivivinywa, ngakho-ke bazohluza ingqondo ngokuthi babhekelele ukuthi lolu cwaningo olwenziwe abantu besizwa amaziko abasebenza kuwo ngabe luzowuhlomulisa yini umbuso. Lokhu kuyophendula imibuzo efana nethi ngabe ukwenziwa kocwaningo kuzobasiza yini abantu? Ngabe ikhona yini indlela yokuthi ilungelo lobunnikazi bocwaningo livikeleke? Okokugcina, bazokwazi yini ukuthi ulwazi asebelutholile lukwazi ukuheha amazwe angaphandle ukuze kukhule umnotho uhlume ngoba phela sikhuluma ngokuhluma komnotho?
Kukhona-ke futhi leli hhovisi elibizwa nge-Nipmo elizobe lingaphansi koMnyango Wezesayensi Nezobuchwepheshe, lapho uNgqongqoshe ezokwenza ngokubona ngokwakhe ukuthi ajube noma yimuphi omunye uMnyango noma iziko noma olunye uhlaka oluzokwazi ukusebenza ngendlela okufanele lo Mthethosivivinywa ozofuna ukuthi lusebenze ngayo.
I-Nipmo-ke izobheka ngeso lokhozi ukubhekelela zonke lezi zinto uMthetho ofuna ukuthi zibhekeleleke. Okunye nje kwazo ukuthi konke lokhu okuvela ehhovisi lokwedlulisa ubuchwepheshe sekufika lapha kuleli hhovisi ngoba leli hhovisi sekungumphelandaba. Yonke into yenzeka kuleli hhovisi.
Kuleli hhovisi kuyavikeleka futhi kuyadayiseka. Konke kwenzeka lapha kuleli hhovisi futhi uyakwazi ukuthi ubhekelele labo bantu abangabacwaningi behambisana nalabo akade bebasiza ekucwaningeni ebebekwenza. Leli hhovisi liyokwenza ukuthi babhekelwe ukuthi-ke lowo nalowo uthola ilungelo lobunikazi bocwaningo. Kuyoqinisekiswa futhi ukuthi ucwaningo lwakhe luyowuheha umhlaba futhi sizozuza nathi siyiNingizimu Afrika ngaleso simo. Nokho, lapho kuba khona abantu abangaphatheki kahle okufuneka ukuthi mhlawumbe kube khona ubulungiswa kuzosebenza ... (Translation of isiZulu paragraphs follows.)
[Offices of technology transfer will be opened and they will be mind- openers. The research done by the people will be monitored by these offices. There will be experts who will be responsible for all the sections because they will be taught everything concerning this Bill. They will therefore monitor whether the research done by the people benefits the state. Questions such as whether the research conducted would benefit the state or not will be dealt with. It will also investigate whether such research will help the people. It will also look at the ways of protecting the rights of intellectual property. Lastly, these offices will determine if they are going to be able to use the information they have collected to attract foreign countries so as to grow the economy, because this is all about the economic growth.
There is also the National Intellectual Property Management Office, Nipmo office which will be established within the Department of Science and Technology. The Minister may assign its operation to any department, institution or any other structure which is involved in state-funded research and development that will correspond with this Bill's requirements. The Nipmo will watch attentively to see to it that everything that this Bill provides is realised. One of these is that everything that comes from the office of technology transfer is protected and commercialised when it gets to Nipmo because this office is the last stop. Everything is done in this office.
Everything is done in this office and you will be able to deal with those people who are recipients, together with the intellectual property creators, in the research. They must be catered for in a way that each one of them obtains statutory protection of intellectual property; and also that their research will attract the attention of the world and that South Africa will benefit from that situation. Besides, justice will be done where the treatment of the recipients had adverse effects in terms of ... ]
... the Promotion of Administration of Justice Act of 2000 ... ukuze-ke abantu bavikeleke lapho bengavikelekanga khona. Yini le eyenza ukuthi sithi lo Mthethosivivinywa ufike ngesikhathi esikahle? Ufike ngesikhathi esikahle ngoba laba bantu abenza ucwaningo banikezwa ubunikazi, kwathi ulwazi ebebekade belucwaninga lwaheha umhlaba lwadayiseka ngakho-ke kufanele ukuthi bahlomule-ke ngokwenkece.
Sivumelene-ke siyikomidi noMnyango kanye nalabo futhi ababekhona ezithangamini zomphakathi. Sangcweka kakhulu nokho ngokuthi bakhokheleka kanjani nokuthi kungani kufanele bakhokhelwe lesi samba abakhokhelwa sona. Kodwa-ke sagcina sivumelene-ke ukuthi okungenani kufuneka bathole amaphesenti angama-20 emalini ezongena ekuqaleni ngaphandle uma uNgqongqoshe engase afise ukuthi imali ikhuphuke. Kusemandleni akhe-ke lokho ukuthi ikhuphuke okungenani-ke kumaphesenti angama-20.
Imali izolokhu ingena iminyaka impela nje iminyakana ethe ukuba miningana kuze kufike leso sikhathi isivumelwano esithi ayifike kuso. Imali elandelayo okungenani amaphesenti angama-30 iyotholwa yilabo abangabaqambi bocwaningo oludayisekile noluhehe amazwe.
Sekuyothi-ke ekugcineni i-Nipmo njengoba le mali ilokhu ingena isiyobona-ke ukuthi kufanele kukhule umnotho, kuqhubeke kwenziwe ucwaniningo, kube khona ongoti nezigagayi ezizokhulisa umnotho wethu. Ukuze lokho kwenzeke-ke, kufuneka enye yemali engenayo ifakwe kulolu cwaningo kuthi enye ikhuphule amazinga ala mahhovisi esesiwabalile, bese kuthi enye ivikele amalungelo obunikazi bom buso ukuze-ke umthetho ukwazi ukusisiza.
Ngesikhathi sisekomidini, abanye ozwakwethu besilisa bathe bona ... (Translation of isiZulu paragraphs follows.)
[... so that people can be protected where they were not protected. Why do we say this Bill came at the right time? It came at the right time because these people who conduct research are granted ownership of intellectual property whilst the information they have been researching attract the world and is commercialised, therefore, they are entitled to be awarded with some revenues. We as a committee, the department and all those who were present in the public briefings agreed on many things. We also discussed in detail the ways these people are going to be paid and the reasons for paying them the stipulated amount. Thankfully, we finally agreed that they are entitled to at least about 20% of the revenues accruing to the institution for the first sum unless the Minister wishes to increase the amount. The Minister will therefore be empowered to increase the amount to exceed 20%.
The creators of intellectual property will be granted a specific portion for as long as revenues are derived from such intellectual property until the contract expires. In the following revenues at least 30% will be received by those who are the creators of intellectual property which attracted foreign countries and obtained commercialisation.
In the end Nipmo, as this money keeps on being generated, will see to it that the as economy grows, the research is continued, and there must be experts and activists who will accelerate our economy. However, for that to be achieved, it is required that some of the revenues generated be put into this research, and that some of it should be used to improve the standards of these offices we have already mentioned and some of it to protect the rights of state ownership so that the Bill can be able to assist us. During our committee session, some of our male colleagues said ...]
We are in agreement that women must debate it and women should co-operate. Thina-ke besifazane sithe ... [And we, as women said] ... no, we are not co- operating, we are being assertive. You are not in agreement and you are not co-operating. We are assertive and we are going to debate in our own right, not because you are agreeing that we must debate.
I-ANC iyawesekela lo Mthethosivivinywa. Ngiyabonga. [Ihlombe.] [The ANC supports this Bill. Thank you. [Applause.]]