Constitutional Law

Separation of Powers

Separation of powers divides government authority among three branches — legislature (makes laws), executive (implements laws), and judiciary (interprets laws). No branch may encroach on another's core function.

Legal Definition

One of the foundational principles of South Africa's constitutional democracy. The National Assembly and NCOP (legislature) make laws. The President and Cabinet (executive) implement laws. The courts (judiciary) adjudicate disputes and review the legality of legislation and executive action. The Constitution provides checks and balances among the three branches.

📖 Constitutional / Statutory Basis: Section 1 and Section 165 (judicial authority), Constitution of the Republic of South Africa, 1996

Practical Example

Parliament passes a law. The President refuses to sign it for personal reasons. Under separation of powers, the President cannot veto legislation indefinitely — they must assent or refer back. Courts can order assent.

Frequently Asked Questions

Can a court overrule Parliament?

Courts cannot make laws, but can declare legislation unconstitutional and invalid. This is not overruling Parliament — it is applying the supreme law (the Constitution).

Can the executive refuse to implement a court order?

No — constitutional supremacy requires all organs of state to comply with court orders. The Constitutional Court has confirmed this is a core constitutional obligation.

Is separation of powers absolute?

No. The three branches interact — e.g., Parliament holds the executive accountable, courts review executive and legislative action. It is a system of checks and balances, not complete separation.

Related Terms

Know the law. Know what to say.

The Advocate trains you to use your rights out loud — 389 real scenarios grounded in South African law and Scripture with exact rebuttals and law references. Free to start.

Browse Rights Scenarios — Free

or get a free checklist