CSL2601
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: AUGUST 2025
, Constitutional Law
Moffat Ndou (9876543)
The Principle of Checks and Balances in South Africa’s Constitutional Democracy
Introduction
The Constitution of the Republic of South Africa, 1996, provides the foundational
framework for a democratic state grounded in the supremacy of the Constitution and the
rule of law. Central to this framework is the doctrine of separation of powers, which
divides government authority among the legislature, executive, and judiciary. Embedded
within this doctrine is the principle of checks and balances, which ensures that no
single branch becomes dominant or abuses its power. This essay explores the notion of
checks and balances, how each branch of government contributes to its
implementation, and highlights contemporary challenges to the principle through key
cases and political examples.
The Constitutional Framework of Separation of Powers
Although the phrase "separation of powers" does not appear explicitly in the
Constitution, its existence is implied in the structure and chapters that separately outline
the functions of the three arms of government. As noted in Glenister v President of the
Republic of South Africa and Others, the separation of powers is "axiomatic to the
structure of our Constitution" and fundamental to the preservation of constitutional
democracy and the rule of law.1
Section 1(d) of the Constitution confirms South Africa as a democratic state founded on
accountability, responsiveness, and openness, which are principles advanced through
the system of checks and balances.2
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: AUGUST 2025
, Constitutional Law
Moffat Ndou (9876543)
The Principle of Checks and Balances in South Africa’s Constitutional Democracy
Introduction
The Constitution of the Republic of South Africa, 1996, provides the foundational
framework for a democratic state grounded in the supremacy of the Constitution and the
rule of law. Central to this framework is the doctrine of separation of powers, which
divides government authority among the legislature, executive, and judiciary. Embedded
within this doctrine is the principle of checks and balances, which ensures that no
single branch becomes dominant or abuses its power. This essay explores the notion of
checks and balances, how each branch of government contributes to its
implementation, and highlights contemporary challenges to the principle through key
cases and political examples.
The Constitutional Framework of Separation of Powers
Although the phrase "separation of powers" does not appear explicitly in the
Constitution, its existence is implied in the structure and chapters that separately outline
the functions of the three arms of government. As noted in Glenister v President of the
Republic of South Africa and Others, the separation of powers is "axiomatic to the
structure of our Constitution" and fundamental to the preservation of constitutional
democracy and the rule of law.1
Section 1(d) of the Constitution confirms South Africa as a democratic state founded on
accountability, responsiveness, and openness, which are principles advanced through
the system of checks and balances.2
