n South African Journal of Criminal Justice - Constitutional law : recent case

Volume 24, Issue 2
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



The doctrine of the separation of powers may be divided into the following principles:

  • The principle of , which simply requires that a formal distinction must be made between the legislative,
  • The principle of separation of personnel, which requires that the three organs of state be staffed with different officials and employees.
  • The principle of separation of functions, which requires each organ of state to exercise only those powers which are appropriate to its functions.
  • The principle of checks and balances, which requires each organ of state to keep a check on the exercise of functions by the others in order to ensure that a balance of power is maintained between all three (see I Currie and J de Waal Vol 1 (2001) at 95).
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