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
South Africa's constitutional democracy is underpinned by a system of separation of powers
and checks and balances, which serve to uphold the rule of law, prevent the abuse of power, and
ensure accountable governance. The Constitution of the Republic of South Africa, 1996,
establishes three distinct but interrelated branches of government: the legislature, the executive,
and the judiciary. Each branch has its own functions and powers, but they are designed to
operate interdependently, with mechanisms in place to limit overreach and promote cooperation.
This essay examines how the separation of powers and checks and balances operate in South
Africa, drawing on constitutional provisions and relevant case law to demonstrate how these
principles support democratic governance.
1. The Principle of Separation of Powers
The separation of powers is a fundamental democratic principle that aims to distribute state
power among different organs of government to avoid concentration in a single authority. In
South Africa:
The Legislature (Parliament and provincial legislatures) makes laws.
The Executive (President, Cabinet, and government departments) implements laws and
runs state affairs.
The Judiciary (courts) interprets and applies the law, and ensures justice.
Although the Constitution does not use the phrase “separation of powers” explicitly, it implicitly
recognises and protects it in the design of the state and through the independence granted to
each branch, particularly the judiciary (Sections 43, 85, and 165 of the Constitution).
2. Checks and Balances: Interdependence, Not Isolation
The principle of checks and balances ensures that each branch can oversee or limit the powers
of the others in defined ways. This interdependence is not a flaw but a deliberate constitutional
design. The goal is to prevent abuse of power while enabling each branch to fulfil its
constitutional role.
Examples of Checks and Balances:
Judicial Review: Courts can strike down legislation or executive actions that are
unconstitutional, as affirmed in Doctors for Life International v Speaker of the National
Assembly (2006).
Parliamentary Oversight: The legislature holds the executive accountable through
mechanisms such as portfolio committees, questions to ministers, and motions of no
confidence, as provided for in Section 92.
(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
South Africa's constitutional democracy is underpinned by a system of separation of powers
and checks and balances, which serve to uphold the rule of law, prevent the abuse of power, and
ensure accountable governance. The Constitution of the Republic of South Africa, 1996,
establishes three distinct but interrelated branches of government: the legislature, the executive,
and the judiciary. Each branch has its own functions and powers, but they are designed to
operate interdependently, with mechanisms in place to limit overreach and promote cooperation.
This essay examines how the separation of powers and checks and balances operate in South
Africa, drawing on constitutional provisions and relevant case law to demonstrate how these
principles support democratic governance.
1. The Principle of Separation of Powers
The separation of powers is a fundamental democratic principle that aims to distribute state
power among different organs of government to avoid concentration in a single authority. In
South Africa:
The Legislature (Parliament and provincial legislatures) makes laws.
The Executive (President, Cabinet, and government departments) implements laws and
runs state affairs.
The Judiciary (courts) interprets and applies the law, and ensures justice.
Although the Constitution does not use the phrase “separation of powers” explicitly, it implicitly
recognises and protects it in the design of the state and through the independence granted to
each branch, particularly the judiciary (Sections 43, 85, and 165 of the Constitution).
2. Checks and Balances: Interdependence, Not Isolation
The principle of checks and balances ensures that each branch can oversee or limit the powers
of the others in defined ways. This interdependence is not a flaw but a deliberate constitutional
design. The goal is to prevent abuse of power while enabling each branch to fulfil its
constitutional role.
Examples of Checks and Balances:
Judicial Review: Courts can strike down legislation or executive actions that are
unconstitutional, as affirmed in Doctors for Life International v Speaker of the National
Assembly (2006).
Parliamentary Oversight: The legislature holds the executive accountable through
mechanisms such as portfolio committees, questions to ministers, and motions of no
confidence, as provided for in Section 92.
