Separation of Powers: The Three Branches & Constitutional Checks
Master separation of powers - Legislature, Executive, Judiciary, checks and balances, and key cases like Glenister and Nkandla.
Separation of Powers: The Three Branches & Constitutional Checks
Reading Time: 15 min
🎯 What Is Separation of Powers?
Separation of powers divides government into three branches with distinct functions:
- Legislature (Parliament) — Makes laws
- Executive (President, Cabinet) — Implements laws
- Judiciary (Courts) — Interprets laws
Purpose: Prevent tyranny; create checks and balances.
The Three Branches
Legislature (Sections 43-72)
- National Assembly + NCOP
- Pass legislation, oversee Executive, approve budget
Executive (Sections 83-102)
- President + Cabinet
- Implement policy, run departments
Judiciary (Sections 165-180)
- Constitutional Court + other courts
- Interpret law, protect rights, judicial review
Key Cases
Executive Council v Minister (2000)
"Each branch has a role and none may usurp the functions of another."
Glenister v President (2011)
Anti-corruption bodies must be independent from political interference.
EFF v Speaker (2016) — Nkandla
Legislature must hold Executive accountable.
Doctors for Life (2006)
Parliament's legislative power is subject to Constitution.
Checks & Balances
- Legislature oversees Executive (Section 92)
- Judiciary reviews Legislature/Executive (Section 172)
- Executive implements but cannot ignore courts
SA's Flexible System
Unlike USA: President elected by Parliament; Ministers are MPs.
BUT: Judiciary remains independent (Section 165).
Tags: #separationofpowers #legislature #executive #judiciary #checksandbalances
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