,PUB3707 October November Portfolio
Semester 2 2025 (Answer Guide) - DUE 30
September 2025
PUB3707 October/November Portfolio – Semester 2, 2025
Due: 30 September 2025
Answer Guide – Verified and Certified
(Use as a guide and reference only; do not plagiarise. Ensure
your own academic integrity.)
Introduction
The purpose of this portfolio is to examine the concept of the
administrative state within the broader framework of
constitutional governance in South Africa. The Constitution of
1996 entrenches the principle of separation of powers, or trias
politica, as the foundation for democratic government. This
principle is intended to ensure that public power is divided
among the legislative, executive, and judicial branches of the
state, thereby preventing abuse of authority and safeguarding
the rule of law (Constitution of the Republic of South Africa,
1996: s.1(c)).
Despite this formal separation, the administrative state has
grown extensively, influencing nearly every aspect of citizens’
daily lives through delegated authority, administrative
discretion, and regulatory adjudication (Hoexter & Penfold,
, 2021:47). While this expansion has brought efficiency and
responsiveness to complex governance challenges, it has also
raised significant concerns around accountability, fairness, and
the potential for overreach.
Section A: Theoretical Foundations – Trias Politica
The four assumptions of trias politica
1. Power must be divided among different branches of
government.
2. No single branch should dominate the other.
3. Checks and balances must ensure accountability.
4. Citizens’ rights are best protected when power is not
concentrated.
Application in South Africa
The Constitution formally recognises separation of powers.
In practice, overlaps exist, particularly through the rise of
the administrative state.
The courts have developed doctrines to maintain
constitutional balance.
Section B: Understanding the Administrative State
Semester 2 2025 (Answer Guide) - DUE 30
September 2025
PUB3707 October/November Portfolio – Semester 2, 2025
Due: 30 September 2025
Answer Guide – Verified and Certified
(Use as a guide and reference only; do not plagiarise. Ensure
your own academic integrity.)
Introduction
The purpose of this portfolio is to examine the concept of the
administrative state within the broader framework of
constitutional governance in South Africa. The Constitution of
1996 entrenches the principle of separation of powers, or trias
politica, as the foundation for democratic government. This
principle is intended to ensure that public power is divided
among the legislative, executive, and judicial branches of the
state, thereby preventing abuse of authority and safeguarding
the rule of law (Constitution of the Republic of South Africa,
1996: s.1(c)).
Despite this formal separation, the administrative state has
grown extensively, influencing nearly every aspect of citizens’
daily lives through delegated authority, administrative
discretion, and regulatory adjudication (Hoexter & Penfold,
, 2021:47). While this expansion has brought efficiency and
responsiveness to complex governance challenges, it has also
raised significant concerns around accountability, fairness, and
the potential for overreach.
Section A: Theoretical Foundations – Trias Politica
The four assumptions of trias politica
1. Power must be divided among different branches of
government.
2. No single branch should dominate the other.
3. Checks and balances must ensure accountability.
4. Citizens’ rights are best protected when power is not
concentrated.
Application in South Africa
The Constitution formally recognises separation of powers.
In practice, overlaps exist, particularly through the rise of
the administrative state.
The courts have developed doctrines to maintain
constitutional balance.
Section B: Understanding the Administrative State
