To be adopted and consider the doctrine of separation of powers and judicial After delving into the meaning of the doctrine, we critique theĪrgument for a distinctively South African model of separation of powers Of separation of powers within the context of South Africa’s constitutionalĭemocracy. This chapter takes a closer look at the institutionalisation of the doctrine Other choice but to step into the institutional (or in fact constitutional) breach. Work together to realise its promises, so if one branch fails in its duties there is no ‘overreach’? With the supremacy of the Constitution as an entrenched norm, allīranches of government should be guided by its values, spirit and purpose and Good of the poor and vulnerable? Is this still an unacceptable form of judicial Matter but what if it is in the public interest to do so, and particularly the In this case the court adopted a very ‘hands-on’ approach to an executive Which was held to be a ‘just and equitable’ remedy. Services (CPS) contract and as such it would be placed under judicial supervision, With the court’s previous order related to the validity of the Cash Paymaster In this case the court held that social grants had to be paid to protect the poor,Īnd also that the South African Social Security Agency (SASSA) had not complied The most public of these recent interventionist cases is Black Sash Trust v Minister of Social Development and Others (CCT48/17) decided in March 2017 – referred to colloquially by the media and public as the ‘SASSA case’ – where the Department of Social Development (DSD) was placed under court ‘surveillance’. Some accusing the judiciary of ‘overreach’, the Constitutional Court has begun toĬreate innovative remedies to ensure compliance with its judgments. The judiciary and the executive around failure to implement court judgments. There has, however, been a considerable amount of tension building between Transformative in its socioeconomic rights (SERs) jurisprudence and that theĬonstitutional Court has been guided by principles of social justice in its decision-making. University of Fort Hare (UFH) for the Department of Justice and Constitutionalĭevelopment (HSRC and UFH 2015) showed that the judiciary has been largely For the purposes of this chapter, the promiseįocused upon is the creation of a better life for all.Ī study conducted by the Human Sciences Research Council (HSRC) and the This understanding in South Africa flows from the promises found Requires a common understanding of the Constitution by the executive, legislatureĪnd judiciary.
Besides the usual checks and balances, a constitutional democracy Although separation of powers is a well-embedded democratic principle, it is alsoĪ fact that branches of government cannot operate in complete isolation from
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