CSL2601
Assignment 1 Semester 2 2025
Unique #:
Due Date: August 2025
Detailed solutions, explanations, workings
and references.
+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.
Varsity Cube 2025 +27 81 278 3372
Assignment 1 Semester 2 2025
Unique #:
Due Date: August 2025
Detailed solutions, explanations, workings
and references.
+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.
Varsity Cube 2025 +27 81 278 3372
