Objectives

The primary objective of this tender is to engage a qualified service provider to assist the South African Medical Research Council (SAMRC) in fulfilling the conditions stipulated by the Minister of Health for establishing a standalone fundraising foundation. The service provider will ensure all legislative, governance, financial, and regulatory requirements are met to facilitate the foundation's establishment, including designing appropriate governance structures, management frameworks, and compliance safeguards.

Scope

The scope of work includes:

• Assessing the legislative and regulatory frameworks relevant to establishing an independent fundraising entity within the SAMRC’s mandate.
• Developing management frameworks, including governance structures, fiduciary duties, branding, and operational conditions.
• Providing guidance on disbursement, oversight, monitoring, and reporting arrangements to ensure compliance and accountability.
• Advising on the legal and financial structuring of the proposed entity, ensuring alignment with public finance legislation.
• Assessing safeguards to uphold institutional integrity, national priorities, and accountability.
• Delivering a comprehensive report demonstrating how all conditions precedent set by the Minister can be met, including a clear roadmap if not immediately achievable.

Technical Requirements

The service provider must demonstrate:

• Access to expertise in South African legislation, regulations (public sector), compliance, corporate governance, and finance.
• Experience with legal (admitted attorneys with a public-sector focus), corporate governance (qualified CA(SA) or equivalent), and financial governance professionals.
• Track record in providing similar advisory services within the South African context, particularly related to establishing independent foundations or similar entities.
• The ability to complete the full scope of work within a period of 1 month.

Skills Requirements

• Legal expertise in public sector law, non-profit governance, and compliance.
• Corporate and financial governance expertise, including qualifications such as CA(SA) or equivalent.
• Experience in public finance legislation, including PFMA and treasury regulations.
• Project management skills to deliver the scope within the stipulated timeframe.
• Strong analytical and advisory skills to develop governance frameworks, risk management strategies, and compliance roadmaps.