CSL2601 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
August 2025
For assistance contact
Email:
, Checks and Balances and the Separation of Powers in South Africa’s Constitutional
Democracy
Introduction
South Africa’s constitutional democracy is built on a firm commitment to the rule of law,
accountability, and the protection of human rights. Central to this democratic framework are the
principles of separation of powers and checks and balances, which ensure that no branch of
government operates without oversight or limits. Enshrined in the 1996 Constitution, these
principles aim to prevent the abuse of power, promote good governance, and uphold the
supremacy of the Constitution. This essay explores the concepts of checks and balances and the
separation of powers in the South African context, showing how they function to protect
democracy and uphold constitutionalism.
Separation of Powers: Definition and Purpose
The separation of powers is a doctrine that divides the functions of government into three
distinct branches: the legislature, the executive, and the judiciary. Each branch has its own
powers, responsibilities, and limits, and is independent of the others.
The legislature (Parliament and provincial legislatures) is responsible for making laws.
The executive (President, Cabinet, and government departments) implements and
administers the laws.
The judiciary (courts) interprets the laws and adjudicates disputes.
The purpose of this separation is to prevent the concentration of power in one institution, which
could lead to tyranny or authoritarianism. In the words of Montesquieu, the philosopher who first
articulated the theory of separation of powers, “power must be a check to power.” This principle
remains a cornerstone of democratic governance.
Checks and Balances in the South African Context
In addition to separation, South Africa’s Constitution establishes a system of checks and
balances to ensure that each branch can limit the powers of the others and hold them
accountable.
1. Legislative Oversight of the Executive
Parliament holds the executive accountable through various mechanisms:
Question time, where ministers and the president answer questions.
Portfolio committees, which scrutinize government departments and spending.
The power to initiate motions of no confidence against the president or ministers.
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
August 2025
For assistance contact
Email:
, Checks and Balances and the Separation of Powers in South Africa’s Constitutional
Democracy
Introduction
South Africa’s constitutional democracy is built on a firm commitment to the rule of law,
accountability, and the protection of human rights. Central to this democratic framework are the
principles of separation of powers and checks and balances, which ensure that no branch of
government operates without oversight or limits. Enshrined in the 1996 Constitution, these
principles aim to prevent the abuse of power, promote good governance, and uphold the
supremacy of the Constitution. This essay explores the concepts of checks and balances and the
separation of powers in the South African context, showing how they function to protect
democracy and uphold constitutionalism.
Separation of Powers: Definition and Purpose
The separation of powers is a doctrine that divides the functions of government into three
distinct branches: the legislature, the executive, and the judiciary. Each branch has its own
powers, responsibilities, and limits, and is independent of the others.
The legislature (Parliament and provincial legislatures) is responsible for making laws.
The executive (President, Cabinet, and government departments) implements and
administers the laws.
The judiciary (courts) interprets the laws and adjudicates disputes.
The purpose of this separation is to prevent the concentration of power in one institution, which
could lead to tyranny or authoritarianism. In the words of Montesquieu, the philosopher who first
articulated the theory of separation of powers, “power must be a check to power.” This principle
remains a cornerstone of democratic governance.
Checks and Balances in the South African Context
In addition to separation, South Africa’s Constitution establishes a system of checks and
balances to ensure that each branch can limit the powers of the others and hold them
accountable.
1. Legislative Oversight of the Executive
Parliament holds the executive accountable through various mechanisms:
Question time, where ministers and the president answer questions.
Portfolio committees, which scrutinize government departments and spending.
The power to initiate motions of no confidence against the president or ministers.
