CPD1501 ASSIGNMENT 2 2026
DUE JULY 2026
QUESTION 1
1.1 Five Principles of Co-operative Government
Section 41 of the Constitution of the Republic of South Africa, 1996 sets out the
principles of co-operative government and intergovernmental relations. All spheres of
government and all organs of state within each sphere must:
Preserve the peace, national unity and the indivisibility of the Republic.
Secure the well-being of the people of the Republic.
Provide effective, transparent, accountable and coherent government for the
Republic as a whole.
Be loyal to the Constitution, the Republic and its people.
Respect the constitutional status, institutions, powers and functions of government in
the other spheres.
1.2 Role of the Public Protector
The Public Protector is a Chapter 9 institution established under section 181 of the
Constitution to strengthen constitutional democracy in the Republic.
The Public Protector has the power, as regulated by national legislation:
, 1. Investigate improper conduct - to investigate any conduct in state affairs, or in the
public administration in any sphere of government, that is alleged or suspected to be
improper or to result in any impropriety or prejudice.
2. Report and take remedial action - the Public Protector reports on improper conduct
and takes remedial action where necessary.
3. Accessibility - the Public Protector must be accessible to all persons and
communities.
4. Accountability to Parliament - the Public Protector is accountable to the National
Assembly and must report on activities and the performance of functions at least once a
year.
5. Limitations - the Public Protector may not investigate court decisions.
The Public Protector strengthens democracy by limiting the exercise of public power
where necessary and creating pathways for ordinary citizens to hold government
accountable.
1.3 Separation of Powers – Parliamentary and Presidential Features
The application of the principle of separation of powers in South Africa resulted in the
adoption of a hybrid system of government with both parliamentary and presidential
features.
Parliamentary Features
1. The President is elected by the National Assembly from amongst its members at its
first sitting, and not directly by the electorate. (Section 86 of the Constitution)
DUE JULY 2026
QUESTION 1
1.1 Five Principles of Co-operative Government
Section 41 of the Constitution of the Republic of South Africa, 1996 sets out the
principles of co-operative government and intergovernmental relations. All spheres of
government and all organs of state within each sphere must:
Preserve the peace, national unity and the indivisibility of the Republic.
Secure the well-being of the people of the Republic.
Provide effective, transparent, accountable and coherent government for the
Republic as a whole.
Be loyal to the Constitution, the Republic and its people.
Respect the constitutional status, institutions, powers and functions of government in
the other spheres.
1.2 Role of the Public Protector
The Public Protector is a Chapter 9 institution established under section 181 of the
Constitution to strengthen constitutional democracy in the Republic.
The Public Protector has the power, as regulated by national legislation:
, 1. Investigate improper conduct - to investigate any conduct in state affairs, or in the
public administration in any sphere of government, that is alleged or suspected to be
improper or to result in any impropriety or prejudice.
2. Report and take remedial action - the Public Protector reports on improper conduct
and takes remedial action where necessary.
3. Accessibility - the Public Protector must be accessible to all persons and
communities.
4. Accountability to Parliament - the Public Protector is accountable to the National
Assembly and must report on activities and the performance of functions at least once a
year.
5. Limitations - the Public Protector may not investigate court decisions.
The Public Protector strengthens democracy by limiting the exercise of public power
where necessary and creating pathways for ordinary citizens to hold government
accountable.
1.3 Separation of Powers – Parliamentary and Presidential Features
The application of the principle of separation of powers in South Africa resulted in the
adoption of a hybrid system of government with both parliamentary and presidential
features.
Parliamentary Features
1. The President is elected by the National Assembly from amongst its members at its
first sitting, and not directly by the electorate. (Section 86 of the Constitution)
