that promote a system of checks and balances. In that regard, the judiciary must check against the legislature and the executive to ensure that those branches are exercising their authority appropriately. Likewise, the executive must do the same with respect to the judiciary. For instance, in South Africa, Canada and the United States of America, the judiciary has the authority to review the constitutionality of legislation passed by parliament or regulations made by cabinet ministers; as well as the constitutionality of the decisions made by the president or the legislature. In the same countries, the legislature is constitutionally empowered to provide oversight of the executive, demanding accountability concerning the decisions made by the executive and the judiciary. Independent, access to adequate resources Separation of power requires that each of the three branches of government have independent access to adequate resources. This is meant to avoid a scenario where the branch that controls resources uses such power to undermine the independence of the other branches. The constitution must therefore guarantee access to adequate funding by each of the branches To establish whether and how far the COPAC draft constitution captures and promotes the doctrine of separation of powers, an analysis is provided in the table below on how each of the above mentioned basic tenets of the doctrine are provided for in this draft constitution. Tenet Where the tenet is captured in Remarks the COPAC draft Institutional division of state governance into the three branches-executive, judiciary and legislature Observance of the principle of separation of powers is captured as a principle of good governance which binds all organs of the state at all levels   Recognition of the doctrine of separation of powers as part of the founding values gives adequate and proper weight and constitutional protection of this concept. Section 5.1 (2) reposes This clearly shows the division of executive authority in the state governance into the three president and the cabinet branches. (the executive).  Giving the president, legislative authority (to make Section 6.2 (1) reposes primary legislation) may legislative authority in the undermine separation of parliament (consisting of the powers. national assembly and the senate), while section 8.1 gives judiciary authority to the courts outlined from 8.1 (a-h). 26