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The principle of the separation of powers is fundamental to South Africa's constitutional
democracy, ensuring accountability and preventing the abuse of power. Its practical
implementation is continually tested by the dynamics of political power and institutional
relationships. Considering recent political developments that have highlighted the fragility of
institutional integrity, explain and discuss the notion of checks and balances (which forms
part of the principle of separation of powers.
1. Introduction
The principle of the separation of powers is central to South Africa’s constitutional framework,
dividing state authority among the legislative, executive, and judicial branches of government. This
separation is designed to safeguard individual liberties, prevent the consolidation of power, and
ensure democratic governance. The separation of powers is intrinsic to South Africa’s Constitution,
underpinning the country’s commitment to democratic principles and rule of law (De Vos, Freedman
& Brand, 2021). One key component of this doctrine is the system of checks and balances, which
ensures that no single branch of government can become too powerful. Through this system, each
branch has the ability to review and limit the actions of the others, maintaining a balance of power
(Malan, 2025).
The practical application of these principles in South Africa is vital for promoting accountability,
responsiveness, and transparency in governance (CSL2601, 2016). However, their effectiveness is
often tested by the dynamic and complex political environment, particularly in a dominant-party
democracy like South Africa, where party loyalty can undermine the independence of the legislative
branch. In recent years, political developments such as the revelations from the Zondo Commission
(State Capture Inquiry) have highlighted significant concerns regarding institutional integrity (De
Vos, Freedman & Brand, 2021). The judiciary has frequently stepped in to safeguard constitutional
values, as seen in landmark cases like Economic Freedom Fighters v Speaker of the National
Assembly and Others and Glenister v President of the Republic of South Africa, where the courts
have reasserted their role in upholding the separation of powers when other branches falter (Malan,
2025).
These developments emphasize the fragility of institutional integrity in South Africa and underscore
the need for a robust system of checks and balances to prevent abuse of power and preserve
democratic principles.
2. Theoretical Framework: Separation of Powers and Checks and Balances
The separation of powers principle is central to South Africa's constitutional democracy, dividing
governmental authority into three distinct branches: the legislature, the executive, and the judiciary.
This division, rooted in the trias politica model, ensures that no one branch holds unchecked power,
thus maintaining a balance between governing authority and accountability. It is implicitly woven
into the fabric of South Africa’s legal framework, providing a clear distinction between each
branch’s responsibilities (CSL2601, 2016). The legislature, represented by Parliament, is responsible
for making, amending, and repealing laws, while the executive, consisting of the President and
Cabinet, carries out the laws and manages state administration. The judiciary interprets and applies
the law, ensuring its constitutional validity.
The principle of the separation of powers is fundamental to South Africa's constitutional
democracy, ensuring accountability and preventing the abuse of power. Its practical
implementation is continually tested by the dynamics of political power and institutional
relationships. Considering recent political developments that have highlighted the fragility of
institutional integrity, explain and discuss the notion of checks and balances (which forms
part of the principle of separation of powers.
1. Introduction
The principle of the separation of powers is central to South Africa’s constitutional framework,
dividing state authority among the legislative, executive, and judicial branches of government. This
separation is designed to safeguard individual liberties, prevent the consolidation of power, and
ensure democratic governance. The separation of powers is intrinsic to South Africa’s Constitution,
underpinning the country’s commitment to democratic principles and rule of law (De Vos, Freedman
& Brand, 2021). One key component of this doctrine is the system of checks and balances, which
ensures that no single branch of government can become too powerful. Through this system, each
branch has the ability to review and limit the actions of the others, maintaining a balance of power
(Malan, 2025).
The practical application of these principles in South Africa is vital for promoting accountability,
responsiveness, and transparency in governance (CSL2601, 2016). However, their effectiveness is
often tested by the dynamic and complex political environment, particularly in a dominant-party
democracy like South Africa, where party loyalty can undermine the independence of the legislative
branch. In recent years, political developments such as the revelations from the Zondo Commission
(State Capture Inquiry) have highlighted significant concerns regarding institutional integrity (De
Vos, Freedman & Brand, 2021). The judiciary has frequently stepped in to safeguard constitutional
values, as seen in landmark cases like Economic Freedom Fighters v Speaker of the National
Assembly and Others and Glenister v President of the Republic of South Africa, where the courts
have reasserted their role in upholding the separation of powers when other branches falter (Malan,
2025).
These developments emphasize the fragility of institutional integrity in South Africa and underscore
the need for a robust system of checks and balances to prevent abuse of power and preserve
democratic principles.
2. Theoretical Framework: Separation of Powers and Checks and Balances
The separation of powers principle is central to South Africa's constitutional democracy, dividing
governmental authority into three distinct branches: the legislature, the executive, and the judiciary.
This division, rooted in the trias politica model, ensures that no one branch holds unchecked power,
thus maintaining a balance between governing authority and accountability. It is implicitly woven
into the fabric of South Africa’s legal framework, providing a clear distinction between each
branch’s responsibilities (CSL2601, 2016). The legislature, represented by Parliament, is responsible
for making, amending, and repealing laws, while the executive, consisting of the President and
Cabinet, carries out the laws and manages state administration. The judiciary interprets and applies
the law, ensuring its constitutional validity.
