CSL2601
Assignment 1 Semester 2 2025
Unique Number:
Due Date: August 2025
3 DIFFERENT ANSWERS PROVIDED
Checks and Balances and the Separation of Powers in South Africa’s Constitutional
Democracy
South Africa‘s Constitution creates a democratic system based on accountability,
responsiveness and openness. Although the Constitution1 does not mention the phrase
―separation of powers,‖ the structure itself clearly divides government into three branches:
the legislature, the executive and the judiciary. These branches must work together, but also
keep each other in check.1 This system is known as checks and balances. It aims to prevent
one branch from becoming too powerful and ensures that power is not abused. However,
recent political developments in South Africa have shown that the system does not always
function smoothly. Problems such as corruption, political interference and weak
accountability threaten the balance of power.1 This essay explains how checks and balances
are applied in South Africa, discusses the role of each branch, and explores current
challenges.
Terms of use
By making use of this document you agree to:
1. Understanding Separation of Powers and Checks and Balances
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
3 DIFFERENT ANSWERS PROVIDED
Checks and Balances and the Separation of Powers in South Africa’s
Constitutional Democracy
South Africa‘s Constitution creates a democratic system based on accountability,
responsiveness and openness. Although the Constitution1 does not mention the
phrase ―separation of powers,‖ the structure itself clearly divides government into
three branches: the legislature, the executive and the judiciary. These branches
must work together, but also keep each other in check.2 This system is known as
checks and balances. It aims to prevent one branch from becoming too powerful and
ensures that power is not abused. However, recent political developments in South
Africa have shown that the system does not always function smoothly. Problems
such as corruption, political interference and weak accountability threaten the
balance of power.3 This essay explains how checks and balances are applied in
South Africa, discusses the role of each branch, and explores current challenges
through case law and examples.
1. Understanding Separation of Powers and Checks and Balances
The separation of powers is based on the idea that government functions should be
divided into three parts: law-making (legislature), law-enforcement (executive), and
law-interpretation (judiciary). Each branch must operate within its own area and not
interfere with the others. However, the principle does not demand complete
separation. Instead, a flexible relationship exists, where each branch checks the
others.
Checks and balances mean that one branch can oversee or review the actions of
another. For example, the judiciary can review laws made by Parliament, and
Parliament can hold the executive accountable through oversight and questions.
This system is meant to prevent tyranny and ensure accountability.
1
Constitution of the Republic of South Africa, 1996
2
Pierre de Vos and Warren Freedman (eds), South African Constitutional Law in Context (2nd edn,
Oxford University Press 2021)
3
Mtende Mhango and James Fowkes, ‗Separation of Powers in a One-Party Dominant Democracy:
The Case of South Africa‘ in Charles Fombad (ed), Separation of Powers in African Constitutionalism
(Oxford University Press 2016) 344–370. Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 1 Semester 2 2025
Unique Number:
Due Date: August 2025
3 DIFFERENT ANSWERS PROVIDED
Checks and Balances and the Separation of Powers in South Africa’s Constitutional
Democracy
South Africa‘s Constitution creates a democratic system based on accountability,
responsiveness and openness. Although the Constitution1 does not mention the phrase
―separation of powers,‖ the structure itself clearly divides government into three branches:
the legislature, the executive and the judiciary. These branches must work together, but also
keep each other in check.1 This system is known as checks and balances. It aims to prevent
one branch from becoming too powerful and ensures that power is not abused. However,
recent political developments in South Africa have shown that the system does not always
function smoothly. Problems such as corruption, political interference and weak
accountability threaten the balance of power.1 This essay explains how checks and balances
are applied in South Africa, discusses the role of each branch, and explores current
challenges.
Terms of use
By making use of this document you agree to:
1. Understanding Separation of Powers and Checks and Balances
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
3 DIFFERENT ANSWERS PROVIDED
Checks and Balances and the Separation of Powers in South Africa’s
Constitutional Democracy
South Africa‘s Constitution creates a democratic system based on accountability,
responsiveness and openness. Although the Constitution1 does not mention the
phrase ―separation of powers,‖ the structure itself clearly divides government into
three branches: the legislature, the executive and the judiciary. These branches
must work together, but also keep each other in check.2 This system is known as
checks and balances. It aims to prevent one branch from becoming too powerful and
ensures that power is not abused. However, recent political developments in South
Africa have shown that the system does not always function smoothly. Problems
such as corruption, political interference and weak accountability threaten the
balance of power.3 This essay explains how checks and balances are applied in
South Africa, discusses the role of each branch, and explores current challenges
through case law and examples.
1. Understanding Separation of Powers and Checks and Balances
The separation of powers is based on the idea that government functions should be
divided into three parts: law-making (legislature), law-enforcement (executive), and
law-interpretation (judiciary). Each branch must operate within its own area and not
interfere with the others. However, the principle does not demand complete
separation. Instead, a flexible relationship exists, where each branch checks the
others.
Checks and balances mean that one branch can oversee or review the actions of
another. For example, the judiciary can review laws made by Parliament, and
Parliament can hold the executive accountable through oversight and questions.
This system is meant to prevent tyranny and ensure accountability.
1
Constitution of the Republic of South Africa, 1996
2
Pierre de Vos and Warren Freedman (eds), South African Constitutional Law in Context (2nd edn,
Oxford University Press 2021)
3
Mtende Mhango and James Fowkes, ‗Separation of Powers in a One-Party Dominant Democracy:
The Case of South Africa‘ in Charles Fombad (ed), Separation of Powers in African Constitutionalism
(Oxford University Press 2016) 344–370. Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
