CSL2601
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: AUGUST 2025
, CSL2601 – ASSESSMENT 1 (Semester 2: 2025)
Moffat Ndou (9876543)
Introduction
The principle of the separation of powers is central to South Africa’s constitutional
democracy. Although not explicitly mentioned in the Constitution of the Republic of
South Africa, 1996 ("the Constitution"), it is foundational to the structure and functioning
of the state. The doctrine divides government authority among three branches: the
legislature, the executive, and the judiciary. Crucial to this division is the system of
checks and balances, which ensures accountability, prevents the abuse of power, and
maintains institutional integrity. This essay explores the concept of checks and balances
in South Africa, examining how each branch gives effect to the principle and analysing
contemporary threats to its sustainability. Reference will be made to at least five
landmark cases to illustrate these points.
The Notion of Checks and Balances in a Constitutional Democracy
The system of checks and balances complements the separation of powers by ensuring
that no single branch of government becomes dominant. It requires each branch to
oversee, influence, or limit the powers of the others. As the Constitutional Court
explained in Glenister v President of the Republic of South Africa and Others, the
structure of the Constitution implicitly affirms the separation of powers through its
detailed treatment of the legislative, executive, and judicial functions.1
Section 1(d) of the Constitution declares that South Africa is founded on principles
including a "multi-party system of democratic government, to ensure accountability,
responsiveness and openness."2 These values underpin the system of checks and
balances. The drafters of the Constitution, informed by historical experiences of abuse
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: AUGUST 2025
, CSL2601 – ASSESSMENT 1 (Semester 2: 2025)
Moffat Ndou (9876543)
Introduction
The principle of the separation of powers is central to South Africa’s constitutional
democracy. Although not explicitly mentioned in the Constitution of the Republic of
South Africa, 1996 ("the Constitution"), it is foundational to the structure and functioning
of the state. The doctrine divides government authority among three branches: the
legislature, the executive, and the judiciary. Crucial to this division is the system of
checks and balances, which ensures accountability, prevents the abuse of power, and
maintains institutional integrity. This essay explores the concept of checks and balances
in South Africa, examining how each branch gives effect to the principle and analysing
contemporary threats to its sustainability. Reference will be made to at least five
landmark cases to illustrate these points.
The Notion of Checks and Balances in a Constitutional Democracy
The system of checks and balances complements the separation of powers by ensuring
that no single branch of government becomes dominant. It requires each branch to
oversee, influence, or limit the powers of the others. As the Constitutional Court
explained in Glenister v President of the Republic of South Africa and Others, the
structure of the Constitution implicitly affirms the separation of powers through its
detailed treatment of the legislative, executive, and judicial functions.1
Section 1(d) of the Constitution declares that South Africa is founded on principles
including a "multi-party system of democratic government, to ensure accountability,
responsiveness and openness."2 These values underpin the system of checks and
balances. The drafters of the Constitution, informed by historical experiences of abuse
