CSL2601
ASSIGNMENT 1
DUE DATE: 25 AUGUST 2025
, CSL2601 ASSESSMENT 1 2025
SEMESTER 2 2025
DUE 25 AUGUST 2025
The principle of the separation of powers 1 is fundamental to South Africa's constitutional
democracy, ensuring accountability2 and preventing the abuse of power. 3 its practical
implementation is continually tested by the dynamics of political power and institutional
relationships. 4 Considering recent political developments that have highlighted the fragility
of institutional integrity, 5 explain and discuss the notion of checks and balances (which
forms part of the principle of separation of powers), and its application in terms of the
Constitution of the Republic of South Africa, 1996.
QUESTION
In your answer, describe how each branch of government gives effect to checks
and balances. In your analysis, identify and discuss contemporary challenges or
tensions that threaten to undermine this principle, providing concrete examples
from recent South African jurisprudence or political practice to illustrate your
arguments. Refer in detail to at least five relevant cases.
Checks and Balances and the Separation of Powers in South Africa
The doctrine of separation of powers the division of governmental authority among
legislature, executive and judiciary is a founding organising principle of South Africa’s
constitutional order. The Constitution embodies a hybrid model: powers are divided but
not absolutely separated; overlap (for example, ministers being members of Parliament)
is accepted so long as constitutional checks and balances function to prevent abuse.
The courts play a central role in policing the boundaries between branches through
judicial review, while Parliament and the executive exercise oversight and
implementation roles respectively.
ASSIGNMENT 1
DUE DATE: 25 AUGUST 2025
, CSL2601 ASSESSMENT 1 2025
SEMESTER 2 2025
DUE 25 AUGUST 2025
The principle of the separation of powers 1 is fundamental to South Africa's constitutional
democracy, ensuring accountability2 and preventing the abuse of power. 3 its practical
implementation is continually tested by the dynamics of political power and institutional
relationships. 4 Considering recent political developments that have highlighted the fragility
of institutional integrity, 5 explain and discuss the notion of checks and balances (which
forms part of the principle of separation of powers), and its application in terms of the
Constitution of the Republic of South Africa, 1996.
QUESTION
In your answer, describe how each branch of government gives effect to checks
and balances. In your analysis, identify and discuss contemporary challenges or
tensions that threaten to undermine this principle, providing concrete examples
from recent South African jurisprudence or political practice to illustrate your
arguments. Refer in detail to at least five relevant cases.
Checks and Balances and the Separation of Powers in South Africa
The doctrine of separation of powers the division of governmental authority among
legislature, executive and judiciary is a founding organising principle of South Africa’s
constitutional order. The Constitution embodies a hybrid model: powers are divided but
not absolutely separated; overlap (for example, ministers being members of Parliament)
is accepted so long as constitutional checks and balances function to prevent abuse.
The courts play a central role in policing the boundaries between branches through
judicial review, while Parliament and the executive exercise oversight and
implementation roles respectively.
