CSL2601
Assignment 1 Semester 2 2025
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
The principle of separation of powers forms the foundation of South Africa’s constitutional
democracy. It divides the functions of government between the legislature, executive, and
judiciary to prevent the abuse of power. However, this division works best when supported
by a system of checks and balances. This means that each branch must be able to monitor
and limit the actions of the others to ensure accountability and protect constitutional values.
Although the phrase ―separation of powers‖ is not found directly in the Constitution1, it is
clearly reflected in its structure and operation.1 Recent political developments in South
Africa, including state capture and institutional weakening, have tested this principle. This
essay explains how checks and balances work within the South African constitutional
framework, shows how each branch carries out this function, and discusses the current
challenges that threaten the integrity of the system.
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
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.
Assignment 1 Semester 2 2025
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
The principle of separation of powers forms the foundation of South Africa’s constitutional
democracy. It divides the functions of government between the legislature, executive, and
judiciary to prevent the abuse of power. However, this division works best when supported
by a system of checks and balances. This means that each branch must be able to monitor
and limit the actions of the others to ensure accountability and protect constitutional values.
Although the phrase ―separation of powers‖ is not found directly in the Constitution1, it is
clearly reflected in its structure and operation.1 Recent political developments in South
Africa, including state capture and institutional weakening, have tested this principle. This
essay explains how checks and balances work within the South African constitutional
framework, shows how each branch carries out this function, and discusses the current
challenges that threaten the integrity of the system.
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
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.
