Question 1 [40]
In South Africa, cabinet ministers, who are primarily members of the executive, also regularly participate in the proceedings of the national legislature. Does this state of affairs undermine the doctrine of separation of powers? Discuss the tenets of the doctrine of separation of powers and how they apply to South Africa.

Question 2 [ 20]
Discuss the concept of ubuntu as explained by Mokgoro J in the case of S v Makwanyane.

Question 3 [20]
Discuss the authority and the functions of the national executive in South Africa.

Question 4 [20]
Explain the features of the doctrine of the rule of law as applicable to South Africa. Make use of examples to support your discussion of the features.

Answers to Above Questions on Constitutional Law

Answer 1: There are questions raised with respect to the doctrine of separation of powers because of the participation of cabinet ministers in South Africa in the proceedings of the national legislature. The participation of the cabinet minister often results in the potential for conflict of interest because they might utilise the power in order to advance the agenda of the executive, and this might affect the independence of the legislative branch in a negative way.


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